1 EXHIBIT A1: CITY OF OAKLAND FINDINGS FOR ADU ORDINANCE1. ADUs in the Very High Fire Hazard Severity Zone Housing density in the Oakland hills presents unique public safety challenges in the event of an emergency evacuation or ambulance/fire response. The City’s Zonehaven Model, which models an emergency evacuation scenario similar in scale to the Oakland firestorm of 1991, shows that current housing density in the VHFHSZ is already at unmanageable levels for emergency response, without additional density. If each single-family parcel is ministerially permitted to have two ADUs and one JADU per parcel (three ADUs total), then emergency response will further exacerbate an already unsustainable evacuation scenario. The City has consulted with numerous experts that have warned City decision-makers against increasing housing density in the Oakland hills. In the 2021-2026 Hazard Mitigation Plan, Tetra Tech identified the “dense population” in the Oakland hills, compounded by narrow urban streets and parked cars, as a significant impact on evacuation. Oakland’s Local Hazard Mitigation Plan (LHMP), as well as its recently adopted Safety Element, both identify managing housing density in the Oakland hills as an important strategy for addressing increased wildfire risk and maintaining the ability of the City to provide adequate emergency response and evacuation routes for those areas. In addition, on November 19, 2019, the City Council adopted Resolution No. 87940 C.M.S., declaring Wildfire Prevention a top priority for the City and requested the City Administrator to present a comprehensive report to the Council’s Public Safety Committee (PSC) that addresses Oakland’s Wildfire Prevention Strategies. The Wildfire Prevention Planning Report concluded that housing density would need to be limited in the S-9 Overlay Zone and a comprehensive evacuation plan would need to be developed for those already living in these areas due to lack of road infrastructure and access to escape routes in the event of a fire. In preparation of Oakland’s Vegetation Management Plan, consultants advised the City that the current condition of “high housing density” and “congested roads during emergencies” presented significant challenges to the City in reducing wildfire risk to public safety. Permitting up to three ADUs per lot in the VHFHSZ would create significant impacts on traffic flow and public safety pertaining to emergency response and evacuation. By limiting ADU development to one ADU or JADU per lot in the VHFHSZ, the City heeds the recommendations and directions of local and regional planning experts to adhere to the mitigation measures to which we have committed. In addition, State law permits local agencies to make life safety findings under Government Code section 65852.23 to limit ADUs. For additional details and evidence, please review City Response number one as well as accompanying attachments including supporting data and evidence, as set forth in the Ordinance Exhibit A2: City Response to State HCD Comment Letter. 2 2. Requiring Parking for JADUs in the Very High Fire Hazard Severity Zone Managing street parking is an important piece of the fire safety efforts in VHFHSZ, but enforcement continues to be a challenge even where no-parking rules are in place. ADUs often do not require off-street parking, leaving people who reside in these units to park their cars illegally on the sides of already narrow, legally nonconforming roads in the S-9 Overlay Zone, where street parking is just not feasible due to substandard road widths. Increasing housing density and the number of vehicles, which is very likely given the S-9 Overlay Zone is not well-served by public transit, exacerbates the current condition of “high housing density” and “congested roads during emergencies” that presents significant challenges to the City in reducing wildfire risk to public safety. In addition, there have been instances when cars have parked illegally on narrow roads and have prevented emergency vehicles to respond to an emergency at a residence. Illegally parked vehicles have interfered with fire response by increasing response time and/or requiring changes in operational procedures therefore increasing the risk to residents and responders and increasing the threat to property. State law permits local agencies to make life safety findings under Government Code section 65852.23 to require parking for ADUs. For additional details and evidence, please review City Response number five as well as accompanying attachments of evidence in the Ordinance Exhibit A2: City Response to State HCD Comment Letter. 3. Amnesty Clause and the S-9 Overlay Zone For all of the reasons already discussed above, the City has grave concerns about the life safety of occupants in the S-9 Overlay Zone, in terms of: (1) the ability to evacuate from the area in an emergency and access for Emergency services to reach residents suffering an emergency, (2) provision and maintenance of defensible space and building separations, and (3) building standards related to fire and life safety. State law permits local agencies to make life safety findings under Government Code section 65852.23 that would make an ADU ineligible for the Amnesty Program. For additional details and evidence, please review City Response number eleven as well as accompanying attachments of evidence in the Ordinance Exhibit A2: City Response to State HCD Comment Letter. 4. Definition of Non-habitable Space State law defines non-habitable space as “…including, but not limited to, storage rooms, boiler rooms, passageways, attics, basements, or garages.” These are unfinished areas that are not meant to be occupied by people and used communally. This definition is in line with the ADU Ordinance’s definition of non-habitable space in multifamily primary dwellings, which states “non-habitable or non-livable space does not include detached accessory structures, existing residential units, commercial space, community rooms, gyms, laundry rooms or any other finished spaces that are meant to be occupied by people and used communally.” 3 In Oakland, tenant protection is a high priority and is also another means of addressing the extreme housing crisis and lack of housing affordability. The City has an interest in ensuring that property owners do not attempt to manipulate State law to evict tenants by removing important tenant amenities, such as laundry rooms, gyms, and other finished room amenities. Since none of these finished-room spaces are mentioned in the “class” of examples provided, City staff believe that the intent of State law was to permit ADU development in the unfinished spaces of multi-family building, in line with our definition of non-habitable space. Otherwise, State law would have stated that ADU conversions are permitted “anywhere in the multifamily building that is not already livable or habitable space.” Since the State law is not that broad, the legislature appears to have intended to limit it to a class of unfinished spaces. 5. State HCD Relied on Incorrect Alameda County Transit Information in Justifying Why the City’s ADU Regulations in the S-9 Overlay Zone Are Impermissible. The State HCD Comment references Map 18 at the end of Appendix A and claims it shows several large sections of the S-9 Overlay Zone south of Piedmont that are “well served with bus stops for the 646, 652 and 682 bus lines within a half-mile walk.” Bus numbers 646 (Montera-Skyline), 652 (Montera-MacArthur) and 682 (Bishop O’Dowd High line) are school bus lines that run only during school times and are deployed for the purpose of serving as school transportation lines. None of these bus lines is currently active and there are no planned upcoming schedules for these bus lines1.As a result, residents in this and other areas in the S-9 Overlay Zone must rely on vehicular transportation to and from their primary residences and ADUs. This specific issue underscores the need for cities to play an active role in local hazard planning as cities face the effects of climate change. 1 The status of service for each line is listed on AC Transit’s website as follows: Line 646: https://www.actransit.org/bus-lines-schedules/646 Line 652: https://www.actransit.org/bus-lines-schedules/652 Line 682: https://www.actransit.org/bus-lines-schedules/682.
TO: HONORABLE MAYOR & CITY COUNCIL FROM: Joe DeVries Director, Interdepartmental Operations SUBJECT: Wildfire Prevention Planning DATE: September 14, 2020 City Administrator Date: Approval INFORMATION On November 19, 2019, the City Council adopted Resolution No. 87940 C.M.S., declaring Wildfire Prevention a top priority for the City of Oakland and requesting the City Administrator to present a comprehensive report to the Public Safety Committee (PSC) that addresses resolution was as follow: Submit a Report That Addresses: 1) How City Departments Will Address Wildfire Prevention In Their Planning, Programs And ProjIncluding The Extent To Which The Strategies Will Involve Multi-Disciplinary And Multi-Agency Teams In The Development Of Pre-Fire Plans, 2) What Wildfire Prevention Plans Will Include Such As Home Hardening, Evacuation And Other Wildfire Prevention Strategies For Both Private And Public Properties, And Public Communication Strategies, Before, During And After A Wildfire Event, And 3) The Extent To Which Wildfire Prevention Will Be Addressed In The Next UpAnd Other Similar Plans. BACKGROUND / LEGISLATIVE HISTORY communities in, and adjacent to, forested areas is at an all-time high. In the last few years, California has experienced the deadliest and most destructive wildfires in its history. , the Oakland firestorm of 1991 was one of the largest urban wildfires. The fire started on the border of Oakland and spread throughout the Oakland and Berkeley hills. Ultimately 25 lives were lost, 150 people were injured, over fifteen hundred acres of land were burned, and thousands of homes were destroyed. The high winds, steep terrain, and heavy fuel load made fighting this historic blaze a major challenge. The economic loss from the fire was estimated at $1.5 billion.
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HONORABLE MAYOR & CITY COUNCILSubject: Wildfire Prevention Planning ReportDate: September 10, 2020Page 2The City Council adopted Resolution No. 87940 C.M.S. in response to the increased concerns of the past few fire seasons. As a response to this concern, the City established a Wildfire Prevention Working Group that meets regularly to both address short term needs and to continue the various long-term strategy planning and implementation. The Wildfire Prevention Working Group consists of the following Departments: Oakland Fire Department (OFD), Oakland Public Works (OPW), Department of Transportation (OakDOT), Bureau of Planning and Building(P&B), Oakland Police Department (OPD),as convener.Additionally, City Council staff serving constituents in the High Fire Hazard Zones in the hill areas were invited to attend. This report is organized to be responsive to the three subject areas posed in the resolution and stated above. It also highlights some short-term actions that have been taken recently to reduce the risk of wildfire in Oakland. These include traffic control and parking restrictions in high fire danger areas, vegetation removal efforts, and coordination with outside agencies and jurisdictions.1) How City Departments Will Address Wildfire Prevention In Their Planning, ProgramsTo Which The Strategies Will Involve Multi-Disciplinary And Multi-Agency Teams InThe Development Of Pre-Fire PlansThe most criticalplanning efforts at reducing the risk of wildfire is the Oakland Vegetation Management Plan (the Plan). The Plan is complete and OFD is preparing the Environmental Impact Report (EIR) on it to comply with the California Environmental Quality Act (CEQA). The Plan outlines a framework for managing fuel loads and vegetation on City-owned reduce the likelihood of a catastrophic wildfire, such as the 1991 Oakland Hills Fire, and to reduce the likelihood and scope of injury and property damage if such a fire occurs. The Planning Area encompasses approximately 1,925 acres, and 308 miles along roadsides,including City surface and arterial streets, State Routes 13 and 24, and Interstate 580. Staff provided an update to the Oakland City Council Public Safety Committee on December 3, 2019 and to the full Council on December 10, 2020 on the Plan. Below is a link to the Agenda Report: https://oakland.legistar.com/LegislationDetail.aspx?ID=4249996&GUID=62C57E61-1BD7-4D2D-A104-4BC20395DD2E&Options=&Search=.The timeline for the Plan is as follows: Horizon/Dudek provided the Administrative Draft Environmental Impact Report (EIR) toCity (August 2020);City reviewing Administrative EIR draft (Fall 2020);City publishes the Public Draft EIR (Fall 2020); HONORABLE MAYOR & CITY COUNCILSubject: Wildfire Prevention Planning ReportDate: September 10, 2020Page 3Forty-five-day Comment period on Draft EIR commences (Fall 2020);City presents the Draft EIR to Planning Commission and receives public comment (Fall2020);Horizon/Dudek prepares final EIR including responses to comments received(Fall/Winter 2020);City revises Draft EIR and Revised Draft Plan (Fall/Winter 2020);City presents the Plan and EIR to the Planning Commission (Winter 2020);City Council Committee meetings (Public Safety and Public Works) (Spring 2021);City Council Hearings (expected Spring 2021);Adoption of the Plan by the City Council (Spring 2021); andFile Notice of Determination filed with Alameda County Clerk Recorders Office and theCalifornia Environmental Quality Act (CEQA) State Clearinghouse (Spring 2021; mustbe posted for 30 days).Financing of Plan Implementation [Source: Council Informational Memo, December 10, 2019,https://oakland.legistar.com/LegislationDetail.aspx?ID=4249996&GUID=62C57E61-1BD7-4D2D-A104-4BC20395DD2E&Options=&Search=]Members of the public have expressed interest in how the implementation of the Plan will be financed. The Plan itself does not provide any recommendations regarding sources of funding to implement the PlBudget and Mid-Cycle Budget processes. However, the Plan does include preliminary estimates for the costs of actions contained in the Plan. Please refer to Section 12.5, Implementation Costs, on page 236 of the Plan and Appendix H of the Plan for more information. It should be noted that these costs will fluctuate over time, based upon a number of different factors; however, these estimates will provide baseline information that cand any planning for any future assessment.Until 2017, OFD was able to use proceeds from the Wildfire Prevention Assessment District (WPAD) to pay for vegetation management activities. In order to provide funding for vegetation management and mitigation programs/services specific to the WPAD, a ten (10) year parcel assessment on properties located within the designated WPAD was approved by voters in 2004.The assessment resulted in an annual WPAD budget with expenditure line items recommended and approved by the WPAD Citizen Advisory Board in conjunction with the OFD, to be used for vegetation management and mitigation programs/services. The WPAD provided the City with an average of one million seven hundred thousand dollars ($1,700,000) in revenues that could be used for wildfire hazard reduction services in the Oakland Hills. These services were described in the 2013-Chipping Program; Vegetation Management Program; Roving Fire Patrol Program; Support Services for Inspection Programs; and Public Outreach.In November 2013, a ballot measure to continue the property tax assessment and activities supported by the WPAD was forward to voters; however, the WPAD failed to earn the HONORABLE MAYOR & CITY COUNCILSubject: Wildfire Prevention Planning ReportDate: September 10, 2020Page 4affirmative vote of more than 2/3 of the electorate in the District. As a result, the parcel tax expired in 2014 and the remaining fund balance was completely expended by June 30, 2017.OFD Vegetation Management currently relies on funding appropriated from the General Purpose 2019-2021. For FY 2019-20 and 2020-21, OFD Vegetation Management was appropriated two million nine hundred and twenty-six thousand, five hundred and thirty dollars ($2,926,530) and two million forty-six thousand, two hundred and twelve dollars ($2,046,212), respectively. These amounts include for each FY one-time funding of one hundred thousand ($100,000) for the Plan and one million one hundred thousand dollars ($1,100,000) in lieu of a renewed Wildfire Prevention District. An additional nine hundred thousand dollars ($900,000) in one-time funding was also provided in FY 2019-20 (Year 1 of the biennial budget) with the intention of accelerating vegetation management operations to prepare for FY 2020-21 (Year 2) wildfire season. The Creation of a Multi-Disciplinary and Multi-Agency Approach to Wildfire Prevention Until the launch of the Wildfire Prevention Working Group, City departments were not entirely coordinated on the topic of wildfire prevention or large-scale emergency preparedness. The simple act of launching the Working Group focused on this single topic expanded the lens ofCity departments to see how each of their respective functions play an important role in how the City prevents, prepares for, and responds to wildfires. During regular meetings, which occur twice monthly, working group members representing several departments have an opportunity to explore and learn about the range of strategies the City of Oakland uses to proactively mitigate wildfire svegetation management program. It also provides a chance for staff to ask and respond toquestions from other City staff, elected officials, community organizations and residents on issues such as how we approach parking restrictions in the hills, best practices for homehardening, evacuation planning, and coordination with outside agencies such as PG&E or jurisdictions like East Bay Regional Park system.The following sections of this report will break down the Multi-Disciplinary and Multi-Agency Strategies the City is applying in order to ensure it is strategic in its efforts to prevent theignition, spread, growth and intensity of a wildfire in our city. The Fire Prevention Bureau: Vegetation Management and Annual Inspections , a division of the Oakland Fire Department, has made outstanding progress in 2020 with regards to Wildfire Planning and Prevention. Beginning in March of 2020, the Vegetation Management Unit initiated the release of abatement contracts for roadside clearances and clearing of City owned parcels throughout Oaklancompetitive bid, and 19 of those abatement contracts have been completed, 4 are in progress and 10 are awaiting the encumberment of funding to begin. The Vegetation Management Unitanticipates releasing another 10 contracts before the end of the fiscal year. For the first time since HONORABLE MAYOR & CITY COUNCILSubject: Wildfire Prevention Planning ReportDate: September 10, 2020Page 52014, the Vegetation Management Unit has been fully funded (an additional $1,000,000.00 was added into the Vegetation Management Unit 19/20 fiscal budget in October of 2019) with regards to its abatement account. Major egress route roadways within the Oakland Hills were cut and cleared of hazardous roadside vegetation prior to the July 4thdecreasing the fire threat. Additionally, through the contracted goat grazing program with North Oakland Sports Field & Tunnel Road City Parcels and in June to the Kings Estates Open Space and Joaquin Miller Park with Knowland Park and Sheffield Village completed in July 2020.The Vegetation Management Unit is on track to abate over two thirds of the City owned undeveloped parcels and parklands prior peak fire weather conditions of late August, September and October of 2020. The Acting Vegetation Management Supervisor and his team of Fire Inspectors are actively inspecting privately owned vacant lot parcels for fire code compliance and guiding the annual Residential Inspections conducted by the Engine Company Firefighters at 11 Oakland Hills Fire Stations that began in June 2020. While facing increased fire probability due to the weather patterns of the spring of 2020, the OFD as a team has made significant progress in wildfire mitigation this fire season. Fire Prevention Inspectionsadopts amendments to the California Fire Codes which requires owners of both public and private properties in the High and Very High Fire Hazard Severity Zones (H/VHFHSZ) to take additional safety measures to reduce the likelihood of wildfires and to prevent their spread. Examples of these safety measures includes installing sprinklers on new structures or those undergoing a major remodel; and maintaining defensible space around a building. Defensible space is defined as an area around a building where vegetation, trash and debris, and other types of flammable fuels have been treated, cleared, or reduced to slow the spread of fire both to and from the building. Low-cost measures like maintaining defensible space or screening attic vents -wide.The Oakland Fire Code not only establishes building and property maintenance standards, but vegetation inspection efforts. Each year, property owners in the Oakland hills receive an annual inspection by OFD. Although properties are inspected once a year, they are expected to maintain defensible space around their property year-round. Recent Inspection System UpgradeOFD transitioned to a new inspection and permitting database called Accela which has been used by the Planning and Building Department for several years. This transition involved moving from paper/pen documentation to compiling inspection data with electronic devices (iPads and HONORABLE MAYOR & CITY COUNCILSubject: Wildfire Prevention Planning ReportDate: September 10, 2020Page 6iPhones). An essential piece of this conversion includes the documentation of inspections with photo images collected with electronic devices. By capturing images of the property/site at the time of inspection, OFD can document Compliance or Non-Compliance, ensure inspections are completed in accordance to inspection requirements, respond to complaints, use photos for inspection training and provide transparent inspection data to registered property owners and their authorized agents.Digital images of the inspection site and status at the time of the inspection allows OFD to compile an accurate account of the inspection details. This information can then be reviewed to ensure quality inspection and training; and give a transparent account of the inspection. In combination with the use of the citizen facing portal called ACA (Accela Citizen Access), a registered user can access the record details in the Accela database. This project is a complete renovation of the former manual inspection system to the use of new software and hardware to document inspection details with real time data. The technology provides clearer documentation of the inspections completed. It also allows inspection documentation to take place much more quickly and be linked to other vital information about the property through the Accela system. OFD began using the technology in May of 2018 to process vegetation inspections in the Wildfire Protection areas of Oakland. These inspections are completed by firefighters and vegetation inspectors on an annual basis. The technology was depoffice with joint staff from the Fire Prevention Bureau and OFD command staff. The technology is used daily by the engine company staff and inspectors from the Fire Prevention Bureau to document scheduled inspections and complaints. OFD is in the process of converting all of its fire inspections to the Accela system which will mean that any code, commercial, or other type of inspection will be tracked and stored in this system. This will create efficiencies that will improve fire safety citywide by allowing for more inspections to occur on an annual basis and will help identify problem properties where an elevated fire hazard may exist. Additional Interdepartmental CoordinationOakland Public Works OPW Keep Oakland Clean and BeautifulKeep Oakland Clean and Beautiful (KOCB), a unit in OPW, clears public right of ways and hardscape medians below I-580. KOCB has a seven-person crew for this purpose. While the OFD is primarily responsible for vegetation management in the former Wildfire Prevention Assessment District areas, there are some instances where OPW provides service. For example, if there is vegetation in the right-of-way that is obstructing the view of a regulatory sign or traffic, OPW will attempt to resolve those issues. Previously, KOCB was also able to partner with non-profit organizations such as the Center for Employment Opportunities and the Alameda HONORABLE MAYOR & CITY COUNCILSubject: Wildfire Prevention Planning ReportDate: September 10, 2020Page 7OPW Parks and Tree Services DivisionThe Parks and Tree Services Division of OPW oversees tree removal activities for the City as well as landscaping on improved City of Oakland properties, such as WoodminsterAmphitheater, Joaquin Miller Park, Leona Lodge, Sequoia Lodge, Montclair Golf Course, etc.On improved parcels, brush is cleared a distance of at least fifteen (15) feet from buildings and structures. The Division also maintains landscaped medians throughout the City. Although the work was not done specifically as a wildfire prevention project, OPW did contract for the removal of ninety-five (95) dead and hazardous trees along Skyline Boulevard in 2019-20. As a result of budget reductions that occurred, OPW does not maintain City owned open space, nor does it prune or maintain trees for the purpose of wildfire prevention.The Planning and Building DepartmentThe Strategic Planning Division within the Planning and Building Department is addressing wildfire prevention strategies in several different areas in coordination with multiple departments and outside agencies. The department participates in the Working Group and their contribution to those efforts are covered below in section 3.Department of Transportation Fire Safe Streets Program (2015- Present)Traffic Engineering Staff partners with OFD to determine ways to reduce the time it takes for OFD to arrive to the scene of emergencies. Every minute of a medical call, fire or other emergency, is critical to preserve lives and property. Cities and counties often use emergency response time as an evaluation measure. Further, responders require physical space in order to deploy their equipment at the scene, space which may be constrained by street design. Poorly designed or inadequate infrastructure can hamper fire-suppression efforts and put residents and firefighters at risk. Reducing the risk of wildfire damage and destruction may require the City to implement measures beyond those involving an individual building or parcel. It is also essential to enhance mitigation measures at the neighborhood and community levels, which will effectively expand the zone of protection beyond an individual parcel or building. In 2015, the team began evaluating traffic and life safety issues regarding emergency vehicle access and evacuation routes in the Oakland hills and what is commonly referred to as the Very High Fire Severity Zone. The conversations stemmed from incidents where there was a delayed emergency response, and ongoing questions and concerns that were raised by residents about evacuation routes in the hills due to parked cars blocking the roadway. The pilot program was launched, whereby twenty-one (21) streets were successfully surveyed ict parking on narrow streets to test effectiveness and public reception. The target area for the pilot was HONORABLE MAYOR & CITY COUNCILSubject: Wildfire Prevention Planning ReportDate: September 10, 2020Page 8neighborhoods north of Highway 13 between the Contra Costa/Berkeley border (to the west) and Keller Avenue (to the east). Community feedback about the program was very positive overall. In 2019, the program transitioned from a pilot program to full implementation with the aim of providing safe passages throughout the designated Very High Fire Hazard Severity Zone (a state designated fire hazard zone) in Oakland.The street segments below were identified by the OFD as locations where on-street parking has consistently obstructed emergency-and, in some cases, red paint has been installed/refreshed on some or all of these roads: Alvarado Road, Bristol Drive, Brunell Drive, Chelsea Drive, Dwight Way, Dwight Place, Gravatt Drive, Stonewall Road, Vicente Road, Vicente Place, Westview Drive, Florence Terrace, Westover Drive, Charring Cross Road, Capricorn Avenue, Norfolk Road, Ocean View Drive, and Heather Ridge.Hazardous street conditions are brought to the attention of the City in the following ways: Correspondence from resident to City staff or Council member.Social media posts or comments.Community meetings.News Inquiries (typically initiated by community interest).Letters from community organizations.Reports from OFD crews following incidents.Calls to Oak311 and Parking Enforcement DispatchStreets are then surveyed, and some are identified as a roadway with limited emergency vehicle access. Streets are evaluated for sufficient width and space to allow safe passage and room to deploy equipment and personnel. Streets with limited access create significant challenges in providing emergency response for fire apparatus and ambulances year-round. Additionally, these streets may be the only option for escape during an escalating wildfire event or large-scale disaster. Unfortunately, OFD experienced this reality of vehicles not being able to navigate a road safely while evacuating and delaying emergency responders during the 1991 Firestorm, and other communities throughout California have experienced this more recently. Therefore, the following criteria are used in evaluating streets, and the determination of whether parking restrictions are necessary are specific to each road:Roads should be wide enough to allow evacuation and emergency vehicles simultaneousaccess. As a rule, the minimum width is 20 feet.However, street width is not the only determining factor used as most streets in the hillsdo not have consistent widths.Horizontal curves also require a wider clearance for vehicular passage and shoulderconditions, such as the presence of vegetation, walls, and other structures that affect howmuch a parked car would encroach onto the street, also contribute to the decision.
HONORABLE MAYOR & CITY COUNCILSubject: Wildfire Prevention Planning ReportDate: September 10, 2020Page 9Firefighters need room to deploy equipment and personnel. They also need to keepfirefighters and equipment out of the collapse zone of structures. When working at thescene of an incident, fire departments usually need to accomplish some or all thefollowing tasks:oOpen cab doors so that firefighters can exit the apparatusoRetrieve equipment from compartments on the side of vehiclesoRetrieve ground ladders from the vehicleoConnect fire hoses to pumps on the fire engineoMove equipment and vehicles around or beside thefirst fire vehicle to arrive at the sceneoKeep firefighters and equipment at a safe distance from a structure or landscapecollapse zone, if possibleoWhen using an aerial ladder, OFD deploys stabilizers (a.k.a. outriggers) toprevent the ladder truck from tipping over when the ladder is extended to the sideof the vehicle.The space that emergency responders need to be able to accomplish these tasks can varyconsiderably, depending on the kind of fire apparatus and other emergency responseequipment chosen by a department, the type of incident, and the design of theHeather Ridge Way ExampleBetween 2018-19, residents on Heather Ridge Way continuously expressed concerns about emergency services being able to access their homes and if needed their ability to escape during a wildfire. In 2019, Heather Ridge was evaluated several times by both OakDOT and OFD, and it was determined that the entire street met the requirements for restricted parking/emergency access. This evaluation consisted of measuring the entire street at different locations to determine where it fit into the Oakland Municipal Code (OMC).The OFD and OakDOT staff met on site in May 2019 and drove a fire engine down the street that was not practical and/or safe. All parties who worked on the project were dedicated to trying to accommodate the needs of the entire Heather Ridge community while also finding solutions to address the restricted ingress and egress issues. Fire and OakDOT staff met in person multiple times with residents on the Heather Ridge. A staff. OFD sent three letters to the neighbors to residents impacted by the issue and participated in several local media interviews highlighting the importance of creating safe access routes. in accordance with the OMC and to ensure preservation of life and property.
HONORABLE MAYOR & CITY COUNCILSubject: Wildfire Prevention Planning ReportDate: September 10, 2020Page 10Enforcementing Enforcement Unit has supported these efforts the past several years in many ways, including attending staff and community meetings, promoting its dispatch service (available Monday through Friday, 8:30am to 5:00pm by calling 311 or 510.238.3099), and conducting special enforcement campaigns along the network of streets in Phase 1, 2 and 3. In addition to regular patrols, the Parking Enforcement unit now deploys technicians to the hills whenever there is a red flag warning. This standard procedure was implemented in mid-August the approximately 35 street segments targeted. A second red flag warning campaign produced similar results, indicating fairly good compliance with the new parking regulations.Recent Efforts to address immediate hazards on Grizzly PeakWhen the Wildfire Prevention Working Group first came together in the spring, an immediate concern about Grizzly Peak Blvd was brought to the forefront. Large gatherings in the evenings, especially on weekends, were creating many hazards, especially with increased numbers of illegal fireworks being discharged leading up to the 4thof July Holiday. OFD tracked 6 wildfires on Grizzly Peak in a short 6-week period, the majority of which were caused by fireworks. Additionally, as people gather late into the evening and consume alcohol, traffic accidents are especially dangerous along this winding stretch of roadway and there have been incidents of violence/shootings occurring at the turn-outs. The majority of this problematic behavior is occurring in the evening. There are nine separate turn-outs where this activity occurs and those locations are all accessed by the City of Oakland roadway but the underlying turn-outs are under the jurisdiction of UC Berkeley, the City of Berkeley, and East Bay Regional Park District. The Wildfire Prevention Working Group evaluated different measures to mitigate these issues in the short and long term. On July 4th, the City closed Grizzly Peak Blvd. to all through traffic (except pedestrians and bicyclists) and successfully avoided any fires that day. This plan was supported with freeway signage by Caltrans and all the adjacent jurisdictions supported the effort as well. The group evaluated three options as a long-term approach:1. Closing these turn-outs 24/7 during the fire season using some form of traffic barriers thatcould be removed when the fire season ends. This could entail using K-rails in the shortterm and then engineering removable barriers in future years. OakDOT provided costestimates to use barriers to close all the turn-outs during this fire season and the cost isvery prohibitive, ranging from $300,000 to $500,000. There is the potential that peoplewould still stop to observe the panoramic views of the Bay Area and block a travel lanewhich would create an additional hazard. Also, the loss of those scenic locations forpeople to enjoy the views during the day was a consideration that many neighbors havecited as a reason to keep them open.2. Closing Grizzly Peak completely in the evenings to through traffic during the fire season.A daily closure at the main entry points would require a smaller investment in physicalbarriers but would require staffing to close the gates each night, patrol the entire stretch to HONORABLE MAYOR & CITY COUNCILSubject: Wildfire Prevention Planning ReportDate: September 10, 2020Page 11allow people to leave (so they are not locked in), and then reopening in the morning. This poses too many logistical issues and a potential new safety issue for some neighborhoods that might use Grizzly Peak as an evacuation route (it is an identified evacuation route for the El Toyonal neighborhood of Orinda). 3. Prohibiting Stopping at all turnouts between 9pm and 6am and making them tow awayzones on Red Flag Days.The Wildfire Prevention Working Group selected option 3, and signs were installed on the week of August 29th. This measured approach gives law enforcement the proper signage to enforce the restriction through warnings and citations. The other jurisdictions that share responsibility can also issue citations, and the Wildfire Prevention Working Group can track the effectiveness this year and evaluate if more permanent barriers need to be installed or if this is sufficient. Also, this option allows for responsible persons to enjoy the view up until sundown while keeping the area off limits when the greatest potential hazards can occur.The group is also evaluating locations on Skyline Blvd. in Council Districts 4 and 7 for a similar intervention due to large gatherings where fire hazards are high. Because the Wildfire Prevention Working Group meets on a regular basis with staff from all key departments, it has the ability to respond to emerging concerns quickly. The recent work on Grizzly Peak and recent efforts on Red Flag days are an example of that coordination. Oakland Police Department OPD has fully embraced the importance of Wildfire Safety and its impact on the Oakland Community. As a participant in the Wildfire Prevention Working Group, OPD will employ the following strategies to deter dangerous activity linked to wildfires:community organizers, stakeholders, and City partners to address short-term and long-termimprovements to Grizzly Peak public safety fire dangers.The OPD Public Information Officer (in conjunction with City and OFD media teams) willassist with public outreach and education regarding the importance of fire safety and thedangers of firework and unlawful activity related to fire danger in the City of Oakland.OPD will maintain the ability to monitor a Fireworks TipLine for use during high-riskseasons or dates; the line will have the ability to accept anonymous information regardingfireworks.Community Resource Officers will run educational/enforcement operations to address illegalOPD will be the lead agency regarding the multi-jurisdictional annual shut down of theGrizzly Peak area during the July 4th(Independence Day) holiday.Neighborhood Services Coordinators will continue to work closely with community groupsto identify evacuation routes, problematic locations and other resources available HONORABLE MAYOR & CITY COUNCILSubject: Wildfire Prevention Planning ReportDate: September 10, 2020Page 12When resources, personnel and priorities permit, high fire danger areas will be patrolled bypatrol officers and community resource officers to mitigate fire danger and other publicsafety issues that potentially aggravate public safety fire danger.Outside Agencies/Partnershipse Fire Prevention include the East Bay Regional Parks District, Moraga Orinda Fire Department, East Bay Municipal Utilities District (EBMUD), CALTRANS, Lawrence Berkeley National Laboratory, U.C. Berkeley and PG&E. Through cooperative communication, our partners have completed numerous vegetation management projects throughout their respective lands within or adjacent to the City of Oakland that benefit our residents through the reduction of roadside fuels, thinning of invasive eucalyptus trees and goat grazing. The East Bay Regional Parks District Fuels Management Crew has already completed brush removal in Tilden Park along Grizzly Peak and in Redwood Regional Park along Skyline Blvd. The Moraga Orinda Fire Department recently completed controlled burns (June 2020) in both Moraga and Orinda (just 2.5 miles east of Oakland residential homes). EBMUD conducted an invasive tree thinning project on watershed lands east of Grizzly Peak Blvd and south of Tilden Park that reduces canopy fire transfer along the wind-swept ridgeline to the northeast of Claremont Canyon area homes. CALTRANS continues to abate the highway roadside vegetation along Highway 13 and Highway 580 with guidance from the .Lawrence Berkeley National Laboratory has deployed goats which are actively grazing on their parcels below the Panoramic Way homes of Oakland. U.C. Berkeley has completed extensive fuels reduction north of Claremont Canyon includinginvasive tree removal on its properties below Grizzly Peak Blvd and along Claremont Avenue.PG&E created a fuel break from Highway 13 at Highway 24 east adjacent to Pali Court and through the canyon and ridgeline south of the North Oakland Sports Field to Broadway Terrace at Skyline Blvd. to protect its high voltage transmission lines and provide a buffer to the homes of upper Broadway Terrace. This work by PG&E Vegetation Management Unit through monthly meetings provided by the Hills Emergency Forum, Diablo Fire Safe Council of Alameda and Contra Costa Counties and the OPW/ CALTRANS bi-monthly meeting. Oakland Hills. The City is fortunate to have built proactive relationships with our partnering HONORABLE MAYOR & CITY COUNCILSubject: Wildfire Prevention Planning ReportDate: September 10, 2020Page 13preserve life and property and enable the City to prosper without catastrophic loss due to wildfire. Overall, t203 days in Oakland from May 13, 2019 to December 2, 2019. During that time, Oakland Fire responded to 11 wildland fire events in the Oakland Hills. No structurprobability of ignitions and most importantly, providing Firefighters time to respond and arrive on scene BEFORE an ignition event increases in size. Additionally, regular meetings with adjacent municipal Fire Departments, CALFIRE and other stake holder agencies provides familiarity with their Command Staff that transfers into efficient Fire Suppression Operations when fire events occur. 2) What Wildfire Prevention Plans Will Include Such As Home Hardening, EvacuationAnd Other Wildfire Prevention Strategies For Both Private And Public Properties, AndPublic Communication Strategies, Before, During And After A Wildfire EventHome HardeningIn regard to Home Hardening, much of the work is captured in the inspections that are conducted on an annual basis and discussed above. Additionally, the Vegetation Management Plan covers this topic but most importantly is public education and that is covered below under the communications strategy section.Evacuation Planning The City of Oakland Emergency Management Services Division, OFD, OPD, along with other public safety agencies throughout Alameda County have identified the need to create a countywide evacuation plan. During the Summer of 2018, OFD, the Alameda County Fire Department, Berkeley Fire Department, Hayward Fire Department, CalFire, and the Alameda County Sheriff Office created the Alameda County Evacuation Task Force (XALETF). The coremission for the XALETF is to develop a countywide evacuation plan that will allow for the county boundaries. In the fall of 2019, the multi-agency group initiated discussions with Zonehaven, a company that was creating technology to address the evacuation concerns of San Mateo County, Moraga/Orinda, and El Cerrito/Kensington. In early 2020, the XALETF agreed that the Alameda County Sheriff Office of Emergency Services would be the lead agency for coordinating the required funding utilizing grant allocations, facilitate sole sourcing, and negotiate a contractual agreement. The sole source process was completed early 2020, along with identifying a funding source to secure a five-year agreement with Zonehaven. Unfortunately, in March 2020 progress on securing a contract was paused due to COVID 19. Nonetheless, as County Counsel and Zonehaven work to finalize the contract, Zonehaven is HONORABLE MAYOR & CITY COUNCILSubject: Wildfire Prevention Planning ReportDate: September 10, 2020Page 14moving forward in creating the county evacuation zones and is working with the XALETF to develop a review and implementation plan. The XALETF anticipates having a preliminary platform in service by December 2020 assuming a contract can be executed in a timely manner and no additional unforeseen situations impede progress.The Evacuation Management PlatformThe Zonehaven Evacuation Management Platform is a zone-based application that makes it easy for OFD, law enforcement and the County Office of Emergency Services to collaborate, build, and maintain evacuation plans, train using evacuation simulations and scenarios, and notify agencies and the community in the event of a live emergency. The need for this cutting-edge technology has been demonstrated throughout California due to recent wildfires and in Oakland during the 1991 Tunnel Fire.This evacuation platform will provide access to technology that will allow for the OFD, OPD, and Emergency Management Services Division to better understand community risk and assist with planning a safe and effective evacuation plan. Zonehaven is being developed as a regional evacuation application that will hopefully be utilized in all nine Bay Area counties eventually. Zonehaven will be providing Oakland with a standardized evacuation plan that works on a common operating platform to facilitate essential cross boundary coordination. It will provide Oakland residents and first responders immediate evacuation warnings and orders when the situation dictates. The platform will empower OFD and OPD to make decisions on when to evacuate, which zones to evacuate, allow for monitoring critical evacuation traffic information in real-time, assist with creating pre-established traffic control points, pre-identify temporary refuge areas, and provides an interface to facilitate real-time wildfire modeling by Incident Commanders at the scene. Once operational, the vision is that a Zonehaven interface will be established that allows for connectivity with AC Alert, the Alameda County mass notification system that the City of Oakland utilizes (acalert.org). This concept of inter-connectivity is still in development between the two vendors. If successful, it will allow for evacuation information to be accelerated when needed. The Zone Haven Evacuation Management Platform will be used for all risk disaster mitigation that may include flooding, hazardous material leaks/spills, tsunami, and wildfires.For more information about Zonehaven, go to the following links:https://info.zonehaven.com/resourceshttps://www.youtube.com/watch?v=P3pXJ9NKEfc&feature=youtu.beCommunications Strategies Pre/During/Post EventsTimely, Accurate and Reliable information on the City websiteWith the onset of fire season and a range of current events happening concurrently, including the Covid-team made up of HONORABLE MAYOR & CITY COUNCILSubject: Wildfire Prevention Planning ReportDate: September 10, 2020Page 15staff from several departments is working aggressively to create a single location on the City website where residents and other interested parties can locate and learn about the best ways to prepare and respond to emergencies before, during and after they occur. The current webpage addressing wildfires can be found here: https://www.oaklandca.gov/resources/wildfire-eventResidents deserve to have access to a single reliable and accurate source where they can stay informed, and in the event of a major wildfire can get access to information at the following points: Before a fire: to prepare their household in advanceWhen fire threatens: to stay ready in case they need to evacuateDuring a fire: for information on how and when to evacuateThe homepage on the City website will have a banner year round to direct people to guidance regarding emergencies, especially for wildfires preparedness and red flag warning days which are often triggered by anticipated stretches of of extreme heat, high winds and low humidity. Helping Residents Stay Informed in the MomentAnother public education initiative that has been underway for the last year is an effort to increase the number of Oakland residents subscribed to AC Alert. Oakland residents need to be ready to evacuate in a wildfire with or without notice from public safety officials. Signing up to receive AC Alert emergency notificationsvia phone, text and email, is the most effective tool available to ensure we can reach community members if an evacuation is ordered. Meanwhile, as the City promotes the benefits of AC Alert to its residents, it continues to seek out ways to enhance its own use of the tool and is working internally and with its county partners to formalize the type and scale of event that would prompt an AC Alert notification, and the most effective messaging to use during such events. The intent is to have the AC Alert notification from the City link back to a specific emergency page on the site, thus providing not just a notification but educational resources as well. Emergency Preparedness Starts at HomeOFDion is in the midst of a major moment of growth, in terms of adding talented staffing capacity while seeking out opportunities for enhanced community partnerships. The City is looking forward to reinstituting a community preparedness program similar to Citizens of Oakland Responding to Emergencies (CORE) that would build relationships between the city and its residents, and creating neighbor-to-neighbor communication channels. Over the last year, the City has cultivated partnerships with organizations focused on fire safety and community preparedness. Among those groups is theOakland Community Preparedness and Response, which is linked to the Oakland Firesafe Council, which is funded through grants from CAL Fire and the California Fire Foundation.Their website provides residents with awareness, educational workshops, detailed guides and HONORABLE MAYOR & CITY COUNCILSubject: Wildfire Prevention Planning ReportDate: September 10, 2020Page 16level and to improve disaster response capabilities. The City has the expressed approval of the Firesafe Council to promote their materials on our website and social media channels. Socializing Fire Safety Tips and InformationIn addition to the pages in development on the website, the City uses a range of public information tools to provide timely accurate information regarding emergency incidents and events. Unfortunately, sometimes the volume of options where people can gather information can have a negative impact as people may get confused or overwhelmed by the varying styles or volume of information available depending on the platform. diverse constituencies: · Facebook· Twitter· Instagram· Nixel, used by OPD primarily to share crime prevention tips and traffic alerts· KTOP (public access Television)· Press Release to the media list· NextDoor· Active Campaign, an opt-in subscriber-based application used disseminate messages andnewsletter style content from the City Administration.In 2019, during the Public Safety Power Shutoff events, the public information team relied a their newsletters and social media regarding power outages, timelines and projected impacts to city services. In turn, the City benefitted from hearing back from those elected officials and community partners about what information residents needed in real time, as opposed to after the fact. Staff recognizes that there is no greater tool to support communication efforts than neighbors speaking with neighbors and trusted community organizations sharing well-crafted and accessible informational materials with their members, clients and supporters. In addition to evaluating its communications tools, the City is consistently considering what the most appropriate sequence is for notifying the public of emergency events or issues in the community. In Oakland, the City Administration has benefitted immensely from the dedicated groups, many of which are based in the high fire hazard severity zone and have made it their mission to promote and educate people on the very real threat that wildfire poses in btopography and its proximity to other threat zones. Over many years and to this day, these groups have been on the front lines promoting the annual inspection program, community preparedness HONORABLE MAYOR & CITY COUNCILSubject: Wildfire Prevention Planning ReportDate: September 10, 2020Page 17and emergency response training, while providing critical guidance to City leaders and departments about the need for greater departmental alignment and focus in the area of wildfire prevention. 3) The Extent To Which Wildfire Prevention Will Be Addressed In The Next Updates ToSafety, Open Space, Hazard Mitigation Plans And OtherSimilar Plans.As mentioned above, the Strategic Planning Division within the Planning and Building Department is an active participant in the Working Group and, by definition, its efforts are primarily focused on planning efforts including the General Plan and its various elements as detailed below.ADU OrdinanceA planning effort that is currently underway, is writing the new ordinance to conform to the recently passed State Laws for accessory dwelling units (ADUs) and incorporating regulations restricting ADUs in the Very High Fire Hazard Severity Zone, which are included in the S-9 Fire Safety Protection Combining Zone. As part of writing the ADU ordinance, planning staff is coordinating with both OFD and OakDOT.Local Hazard Mitigation Plan reviewing and revising as necessary its wildfire prevention strategies. The plan will be led by the Emergency Management Services Division with the Strategic Planning Division assisting and coordinated with the Wildfire Prevention Working Group as well as the Department of Race and Equity along with outside agencies of Metropolitan Transportation Commission (MTC)/Association of Bay Area Governments (ABAG), East Bay Municipal Utilities District, East Bay Regional Parks District, and San Francisco Bay Conservation and Development Commission.Housing Element and Safety Element t and Safety Element as well as adopting a new Environmental Justice Element that are all due in December of 2022. As part of the update of these elements, the City will be reviewing and revising, where appropriate, its wildfire prevention strategies. UpdaOffice and a number of departments, including Planning and Building, Fire, Housing and Community Development, Human Services, Race and Equity, Public Works as well as outside agencies of MTC/ABAG, East Bay Municipal Utilities District, East Bay Regional Parks District, and San Francisco Bay Conservation and Development Commission. Land Use and Transportation Element The City will be updating the Land Use and Transportation Element (LUTE) as well as the Open Space, Conservation, and Recreation Element. Densities and subdivisions within the Very High Fire Hazard Severity Zone and S-9 Fire Safety Protection Combining Zone will continue to be HONORABLE MAYOR & CITY COUNCILSubject: Wildfire Prevention Planning ReportDate: September 10, 2020Page 18limited, and updates for wildfire prevention strategies will be analyzed as well. There will also be multiple departments involved in this effort including Planning and Building; Transportation; Public Works; Economic and Workforce Development; Parks, Recreation, and Youth Development; Race and Equity, Human Services, and Public Library along with outside agencies of MTC/ABAG, East Bay Regional Parks District, Alameda County Transportation Commission, and AC Transit.PUBLIC OUTREACH / INTERESTThe work of wildfire prevention requires everyone to be involved, especially the public, as their actions are the most important to preventing wildfire. The Hill Area Neighborhood Councils regularly discuss wildfire prevention and the Neighborhood Services Coordinator for those beats is a member of the Wildfire Prevention Working Group. Also, the Fire Safe Council of concerned neighbors meets regularly and has a strong ongoing relationship with City staff. On August 31, a Joint District 1 and 4 Town Hall meeting was conducted during which the main components of this report were shared. Because wildfire prevention is an ongoing task, this report is a living document and receiving public input helps shape more effective decisions by the team. Respectfully submitted,Joe DeVries, Director, Interdepartmental Operations, Office of the City AdministratorFor questions, please contact Joe DeVries, Director, Interdepartmental Operations, at (510) 238-3083.
1 Frank H. Ogawa Plaza, 11thFloorOakland, CA 94612Joe DeVries, Director, Interdepartmental Operations Phone: 510-238-3083Email: [email protected]: 510-238-7084To: William A. Gilchrist, Director, Planning and Building DepartmentRe: Accessory Dwelling Unit (ADU) Planning Code Amendments and Restrictions in the High Fire Severity ZoneDate: August 20, 2021Director Gilchrist,I am offering this letter of support for the revised staff proposal regarding the ADU Planning Code Amendments and the restrictions that are included on parcels located in the High Fire Severity Zone.As you know, the City Council adopted Resolution 87940 C.M.S. in 2019 declaring Wildfire Prevention as a top priority for the city and this led to the creation of the Wildfire Prevention Working Group. The Working Group includes several departments to ensure we take a comprehensive approach to prevention and that has elevatedprevention through appropriate zoning restrictions.In recent years, the Fire Department and Department of Transportation conducted an inventory of streets in the High Fira fire engine to get through. However, in the wake of the tragic Camp Fire that swept through Paradise, CA, fire departmentseverywhere are seeing that evacuation routes quickly become overwhelmed in a fast-moving fire. Adding ADUs and creating a higher level of density would be dangerous to everyone in those communities, including the very people the new ADUs are designed to serve. Planning Staff, in partnership with the Fire Department brought forward a proposal this summer to restrict ADUs in the Very High Fire Severity Zone and heard the concerns raised by the Planning Commission that the restrictions went too far. The staff went back to work with the requested approach that the restrictions be refined and made more precise. I believe they have revised the proposal with that precision in mind and are presenting a new option that balances the need to responsibly addressand protect Oaklanders from the very real threat of wildfire.I want to praise the staff for their responsiveness and the Planning Commission for suggesting we strike a better balance. I believe the new proposed option captures that balance and is a thoughtful path forward.In partnership,Joe DeVries, Director, Interdepartmental OperationsOffice of the City Administrator CITY OF OAKLANDOffice of the City Administrator
CITY OF OAKLAND LIONEL J. WILSON 150 FRANK H. OGAWA PLAZA, SUITE 3354 OAKLAND, CA 94612 Office of the Fire Chief (510) 238-4084Reginald D. Freeman To: William A. Gilchrist, Director, Planning and Building DepartmentRe: Accessory Dwelling Unit (ADU) Planning Code Amendments and Restrictions in the High FireSeverity ZoneDate: October 26, 2021Dear Council President Bas and Members of the City Council, I am offering this letter of support for the revised staff proposal regarding the ADU Planning CodeAmendments and the restrictions that are included on parcels located in the Very High Fire Hazard Severity Zone (VHFHSZ).one of the largest urban wildfires in history. The fire started on the border of Oakland and spread throughout the Berkeley hills. Ultimately 25 lives were lost, 150 people were injured, 1,520 acres of land was burned, and thousands of homes were destroyed. The high winds, steep terrain, and heavy fuel load made fighting this historic blaze a major challenge. The economic loss from the fire was estimated at $1.5 billion.Nearly 30 years later, with the clear intent to align City departments in the interest of safety and preparedness, City Council adopted Resolution 87940 C.M.S. in 2019 declaring Wildfire Prevention as a top priority for the city and this led to the creation of the Wildfire Prevention Working Group. The strategic working group entrusts several departments to ensure Oakland is taking a coordinated approach to prevention. Tthrough appropriate zoning restrictions. The working group meetings cover a range of issues related to immediate fire safety challenges, ongoing hazard mitigation, with a strong emphasis on coordination between departments and nearby jurisdictions, and community stakeholders. Now more than ever, Oakland residents and communities throughout the region are looking for their government to take proactive steps to increase and promote public safety and reduce wildfire risk. A surge in ADUs in the VHFHSZ project put new and existing residents at risk during mass evacuations during wildfires. .It remains the belief of the working group that adding ADUs and creating a higher level of density,fuel load, and congestion in the fire prone Oakland hills will be hazardous to everyone in the high fire risk communities, including the very people the new ADUs are designed to serve.It is important to note that the Fire Department is not making this recommendation in vacuum. The Fire Department conducts a range of actions on an annual basis that have played a critical role in preventing Oakland from experiencing the types of wildfire events that we continue to see in cities across California and in neighboring states. Those actions include: Proactive annual inspections of over 25,000 privately, city-owned and vacant parcels.
Deploying one of the largest goat herds in the state. Each year goats prove to be a valuable and cost-effective fire prevention tool. In 2021, goats have cleared approximately 900 acres of hazardous and hard to reach dry vegetation. Contracting with vendors each year to mitigate hazardous vegetation on city owned property,clearing 60 miles of vegetation along roadways in addition to hundreds of acres of vegetation on public parcels. For the last two years, over July 4thweekend in partnership with neighboring jurisdictions,Oakland Fire and Oakland Police have proactively closed stretches of roadways and scenic lookouts along both Grizzly Peak and Skyline boulevards to prevent large gatherings and hazard activity and stop illegal parking that might cause delays in emergency responses along that hillside corridor. Closing parks, upstaffing fire crews, doing roving patrols, and pushing out extensive public messaging during Red Flag Warning and extreme weather events. Establishing the Fire Safe Streets Program withwhereby the two departments have conducted an inventory of streets in the High Fire Severity through. Once identified, the departments begin the lengthy process of conducting outreach to residents about proposed changes to parking restrictions, signage, and enforcement. Launching the Know Your Zone campaign in partnership with Zonehaven. Now every Oakland resident lives in an evacuation zone identified by a number so they can stay informed in the event that their community is being evacuated. Planning Staff, in partnership with the Fire Department brought forward a proposal this summer torestrict ADUs in the Very High Fire Severity Zone. We heard the concerns raised by the PlanningCommission that the restrictions went too far. The staff went back to work with the requestedapproach that the restrictions be refined and made more precise. Following an extensive evaluation process, the Fire Department holds firm that prohibiting the the VHFHSZ is the best approach to preventing loss of life and property to wildfire. However, I believe that staff have been thoughtful and diligent in their efforts to identify two options that balance the need toand protect Oaklanders from the very real threat of wildfire.I wish to recognize the dedicated staff for their responsiveness and the Planning Commission for theirconsideration of this important issue. I encourage members of the City Council to contact me with anyThank you for your consideration,Reginald D. FreemanChief, Oakland Fire Department
EXHIBIT B: PROPOSED PLANNING CODE AMENDMENTS RELATED TO ADUS The Oakland Planning Code (Title 17 of the Oakland Municipal Code) is proposed to be amended as follows. Additions are shown in underline and deletions are shown in strikethrough. Note that only the relevant code subsections being amended are included and unamended portions are omitted. Chapter 17.09 DEFINITIONS Sections: 17.09.040 Definitions. 17.09.040 Definitions. "Accessory Dwelling Unit" or “ADU” means an interior, attached or detached dwelling unit that is accessory to a proposed or existing primary Residential Facility located on the same lot; provides complete independent living facilities for one or more persons, including permanent provisions for living, sleeping, eating, cooking, and sanitation; meets the standards and criteria of Section 17.103.080 and Chapter 17.88; and conforms to one or more of the following permitted ADU types: A. “Junior Accessory Dwelling Unit” or “JADU” means an Accessory Dwelling Unit that is contained entirely within the building envelope of an existing or proposed One-Family Residential Facility. A JADU may include conversion of enclosed uses within the residence, such as an attached garage. It may include separate sanitation facilities or may share sanitation facilities with the primary Residential Facility but must contain an efficiency kitchen. A JADU is not allowed as a conversion of detached or attached accessory structures. Owner occupancy is required in either the JADU or the primary Residential Facility. The owner of the JADU is required to record a deed restriction setting forth this requirement. B. “One-Family Category One ADU” means an Accessory Dwelling Unit that is a conversion of space within an existing One-Family Residential Facility or an associated legally existing accessory structure, or an existing associated accessory structure that is rebuilt pursuant to the requirements set forth in Table 17.103.01. C. “One-Family Category Two ADU” means a newly constructed attached or detached Accessory Dwelling Unit on a lot with an existing or proposed One-Family Dwelling Residential Facility. A One-Family Category Two ADU may include an exterior addition to an existing primary One-Family Residential Facility for the purposes of accommodating the ADU.
Chapter 17.30 R-80 HIGH-RISE APARTMENT RESIDENTIAL ZONE REGULATIONS [13]Sections: 17.30.140 Maximum residential density. 17.30.140 Maximum residential density.The maximum density of Residential Facilities shall be as set forth below, subject to the provisions of Section 17.106.030 with respect to maximum density on lots containing both Residential and Nonresidential Facilities. Also applicable are the provisions of Section 17.102.270 with respect to additional kitchens for a primary dwelling unit, and the provisions of Section 17.102.300 with respect to dwelling units with five (5) or more bedrooms. No Residential Facility shall be permitted to have both an additional kitchen as provided for in Section 17.102.270 and a Category One Accessory Dwelling Unit or Junior Accessory Dwelling Unit (JADU) within the existing primary residential structure.
Chapter 17.102 REGULATIONS APPLICABLE TO CERTAIN ACTIVITIES AND FACILITIES Sections: 17.102.270 An additional kitchen for a single dwelling unit. 17.102.270 An additional kitchen for a single dwelling unit.No Residential Facility shall be permitted to have both an additional kitchen as provided for in this section and a Category One Accessory Dwelling Unit or Junior Accessory Dwelling Unit (JADU) within the existing primary residential structure. An additional kitchen for a single primary dwelling unit in any Residential Facility may be permitted, without thereby creating an additional dwelling unit, upon the granting of a Conditional Use Permit pursuant to the Conditional Use Permit procedure in Chapter 17.134, and upon determination that all of the following conditions set forth below exist: A. That the additional kitchen will be located within the same residential structure as the existing kitchen and solely constitute an additional service facility for the resident household, family or its temporary guests, B. That the additional kitchen will not serve as a basis for permanent habitation of an extra household or family on the premises, or the creation of an additional dwelling unit on the premises. C. That the additional kitchen is necessary to render habitable a living area occupied by one or more persons related by blood, marriage, or adoption to the resident family or collective household occupying the main portion of the dwelling unit. D. There is no Category One Accessory Dwelling Unit or Junior Accessory Dwelling Unit (JADU) within the existing primary residential structure in addition to the proposed additional kitchen. However, a Conditional Use Permit under this Subsection shall not be granted in the RH Zones or the RD-1 Zone if the lot contains two (2) or more dwelling units.
Chapter 17.103 SPECIAL REGULATIONS AND FINDINGS FOR CERTAIN USE CLASSIFICATIONS Sections: Article VI - Residential Facilities 17.103.080 Accessory Dwelling Units in conjunction with One-Family, Two- to Four-Family, andMultifamily Dwelling Residential Facilities. Article VI Residential Facilities 17.103.080 Accessory Dwelling Units in conjunction with One-Family, Two- to Four-Family, and Multifamily Dwelling Residential Facilities. The following regulations shall apply to the construction, establishment, or alteration of Accessory Dwelling Units (ADUs), as those dwelling unit types are defined in Chapter 17.09: A. Regulations Applying to All Accessory Dwelling Units. 1. Ministerial Approval. An application for an Accessory Dwelling Unit (ADU) shall be granted ministerial approval when it complies with all applicable zoning regulations, including but not limited to all provisions in this Section (17.103.080) and in Planning Code Chapter 17.88, unless the application is part of a proposal that separately requires discretionary review; in which case, the review time for the ADU application can be extended to coincide with the review time of the associated discretionary permit. 2. No Short-Term Rental of ADUs. Rental of an ADU shall only be for a term of longer than thirty (30) consecutive days. 3. Sale of Unit. An Accessory Dwelling Unit shall not be sold separately from the primary Residential Facility on the same lot unless otherwise permitted under State law, and except for under the provisions outlined in Government Code section 65852.26. 4. Replacement Parking Configuration. If a covered parking space is removed to construct an Accessory Dwelling Unit, no replacement parking is required. For this section to apply, the applicable covered parking structure must have a solid roof, supported with columns; and must be legally existing. Uncovered parking spaces that are required for the primary Residential Facility in the underlying zone must be maintained or replaced, subject to the location and paving restrictions set forth in the Oakland Planning Code. Required replacement parking spaces may be tandem, as set forth in Section 17.116.240.A. 5. Compliance with all Code and Permit Requirements Imposed by other Applicable City Departments. Unless specified otherwise in local code or State law, an Accessory Dwelling Unit shall comply with all code and permit requirements imposed by other applicable City departments, including but not limited to the requirement for a building permit. 6. Permitted Locations for ADUs. Subject to restrictions set forth in Chapter 17.88 and Section 17.103.080(A)(8) of this Chapter, ADUs are permitted on lots in zoning districts that permit Permanent Residential Activities, and in conjunction with an existing or proposed primary Residential Facility. 7. Restriction of ADUs in Certain Locations Based on Traffic Flow and Public Safety. See Chapter 17.88 for limitations on ADUs in the S-9 Fire Safety Protection Combining
Zone. Development of ADUs is restricted with certain exceptions specified in Chapter 17.88 to one (1) interior conversion Category One ADU within the existing envelope of a primary structure or one (1) Junior Accessory Dwelling Unit (Junior ADU or JADU) per One-Family, Two- to Four-Family, or Multifamily lot. See the S-9 Fire Safety Protection Combining Zone Map Overlay (“Overlay Zone”) Map to determine if the lot where the ADU is proposed is within the S-9 Zone. 8. Kitchens. Each ADU and JADU shall have a kitchen that is independent from the primary Residential Facility, and includes all of the following: a sink, cooking facility with appliances, a food preparation counter and storage cabinets that are of a reasonable size in relation to the size of the dwelling unit. A JADU is required to contain at least an efficiency kitchen, which shall include a cooking facility with appliances, and a food preparation counter and storage cabinets that are of reasonable size in relation to the size of the JADU. 9. Entrance for ADU and JADU. A separate exterior entrance that is independent from the primary Residential Facility is required for each ADU and JADU. When feasible, an An exterior stairway proposed to serve an ADU or JADU on a second story or higher shall should not be visible from the front public right-of-way. 10. Objective Design Standards for Properties Listed in the California Register of Historic Resources. Structures Rated “A”, “B” or “C” by the Oakland Cultural Heritage Survey. a. Attached and detached Category Two and/or converted Category One ADUs located at the front or side of a main building and visible from the front public right-of-way shall incorporate the same roof pitch, visually matching exterior wall material, and predominant door and window trim, sill, recess, and style as the primary dwelling structure, with an option of approving different finishes or styles through the Small Project Design Review process as set forth in Section 17.136.030. ADUs of these types that are located to the rear of a main building are not subject to this design standard or alternative review process. b. Attached or detached garages located to the front or side of a main building and converted to ADUs shall replace the garage doors with visually similar exterior wall materials, building color(s), and door and window trim as the primary Residential Facility, with an option of approving different finishes or styles through the Small Project Design Review process as set forth in Section 17.136.030. Attached or detached garages located to the rear of a main building and converted to ADUs are not subject to this design standard or alternative review process. 11. Balconies and Decks. Category Two ADUs and Category One ADU conversions that include expansion of existing building envelope shall not contain upper story balconies, decks, or rooftop terraces if the proposed elements do not meet the established requirements of the underlying zone. 12. Landscaping Standards. One (1) new tree of fifteen (15) gallon or larger root ball size shall be planted anywhere on the lot or within the right-of-way in front of the site for Category Two ADUs with floor area size between five hundred (500) square feet and nine hundred ninety-nine (999) square feet. Two (2) new trees of fifteen (15) gallon or larger root ball size each shall be planted anywhere on the lot or within the right-of-way in front of the site for Category Two ADUs with floor area size between one thousand (1,000) square feet and twelve hundred (1,200) square feet. For trees outside the right-of-way,
the tree must be a drought tolerant species. Trees within the right of way must be approved by the Department of Public Works and must conform with the Tree Division’s requirements. 12.National, California, or Local Register Properties and Districts. For ADUs proposed for a Local, California and National Register Property as defined in Section 17.09.040, the following shall apply:a. Placement of an ADU in front of a main building on a Local, California and National Register Property is only allowed if the lot conditions or requirements preclude an ADU of a minimum allowed size (established by Tables 17.103.01 and 17.103.02) anywhere else on the lot. b. Any new attached or detached ADU on a Local, California, and National Register Property shall be located in the following order of preference: i. First, behind the main structure; ii. Next, to the side of the main structure; iii. Last, in front of the main building. c. A consultation with Historic Preservation Staff is required for Category One and/or Category Two ADUs on a Local, California and National Register Property visible from the public right-of-way. Such consultation shall not preclude the need for ministerial approval of an ADU that meets the standards of Government Code section 65852.2(e). The Planning Director, or his or her designee, is authorized to develop objective design standards for the development of ADUs in historic districts or on a Local, California and National Register Property to ensure preservation of historic resources. 13. Planned Unit Developments (PUDs). ADUs proposed on Planned Unit Developments (PUDs) must comply with requirements of Chapter 17.142 and Section 17.103.080. 14. Planning Code Amnesty and Enforcement Delay of Building Code for ADUs that Do Not Have Prior Planning or Building Approval. a. Existing Accessory Dwelling Units built and occupied without prior Planning or Building approval shall be referred to in this section as “Unpermitted Accessory Dwelling Units." b. The owner of an Unpermitted Accessory Dwelling Unit has a right to request: (1) amnesty from any violation of a zoning standard under the Planning Code if the Unpermitted Accessory Dwelling Unit was established and occupied prior to January 1, 2021; and (2) delay in enforcement of the Building Code, and local amendments thereof, as adopted under O.M.C. Title 15 if the Unpermitted Accessory Dwelling Unit was built prior to the effective date of this Section. c. The Planning Code amnesty and enforcement delay programs provided in this Section are available to any property owner whose Unpermitted Accessory Dwelling Unit meets the program requirements provided within this Section. The City shall not deny a permit for an unpermitted ADU that was constructed prior to January 1, 2021 due to either of the following: (1) the ADU is in violation of the building standards pursuant to Article 1 (commencing with Section 17960) of Chapter 5 of Part 1.5 of Division 13 of the Health and Safety Code, or (2) the ADU does not comply with Section 65852.2 or any local ordinance regulating ADUs. However, a local agency may deny a permit for an Accessory Dwelling Unit if the local agency makes a finding that correcting the violation is necessary to protect the health and safety of the public or occupants of the structure.
d. Until January 1, 2030, any notice to correct a violation of any provision of the Planning or Building Code building standards pursuant to Oakland Municipal Code (O.M.C.) Titles 15 or 17 that is issued to an owner of an Unpermitted Accessory Dwelling Unit built before the effective date of this Section shall contain a statement that the owner of the Unpermitted Accessory Dwelling Unit has a right to request: (1) amnesty from any violation of a zoning standard under the Planning Code that would preclude the preservation of an Unpermitted Accessory Dwelling Unit that was established and occupied prior to January 1, 2021; and (2) delay in enforcement of the Building Code, and local amendments thereof, as adopted under O.M.C. Title 15 if the Unpermitted Accessory Dwelling Unit was built prior to the effective date of this Section. Said notice shall also inform the owner that any penalties arising out of any zoning or building violations shall be waived leading up to the zoning amnesty and during the term of the Building Code enforcement delay. The applicant shall bear the burden of proof in establishing the date when the Unpermitted Accessory Dwelling Unit was established and occupied for the Planning Code amnesty program, or when the building was built for the Building Code enforcement delay. e. The owner of an Unpermitted Accessory Dwelling Unit that can provide suitable proof that said unit was established and occupied prior to January 1, 2021 may, in the form and manner prescribed by the Planning and Building Director or his or her designee, submit an application to the Planning and Building Director or his or her designee requesting that the Unpermitted Accessory Dwelling Unit obtain amnesty from any violation of the City’s zoning standards that would preclude the preservation of the Unpermitted Accessory Dwelling Unit. In addition, the owner of said unit may also request delay in enforcement of a Building Code violation if the Unpermitted Accessory Dwelling Unit was built prior to the effective date of this Section. The Building Code enforcement delay shall be for a period of no more than five (5) years on the basis that correcting the violation is not necessary to protect the public health and safety. f. The applicant’s amnesty request to resolve violations of zoning standards shall be processed as specified in Planning Code Chapter 17.136, but shall not be available to Unpermitted Accessory Dwelling Units: (1) that are located in the City’s S-9 Zone; or (2) where the owner cannot establish that the Unpermitted Accessory Dwelling Unit was established and occupied prior to January 1, 2021. g. The Planning and Building Director or his or her designee shall grant the owner’s Building Code enforcement delay request if the Planning and Building Director or his or her designee determines that correcting the Building Code violation is not necessary to protect the public health and safety. In making this determination, the Planning and Building Director or his or her designee shall consult with the entity responsible for enforcement of building standards and other regulations of the State Fire Marshal pursuant to Government Code Section 13146. h. The Planning and Building Director or his or her designee shall not approve any applications for the Planning Code amnesty request or Building Code enforcement delay on or after January 1, 2030. However, any Building Code enforcement delay that was approved by the Planning and Building Director or his or her designee before January 1, 2030 shall be valid for the full term of the delay that was approved at the time of the initial approval of the application. hi. Any Building Code enforcement delay shall remain in effect no later than January 1, 2035, and as of that date is repealed. B. Property Development Standards applying to One-Family ADUs
Table 17.103.01 below describes the property development standards which apply to the specified types of One-Family ADUs. The different types of ADUs are defined in Chapter 17.09. The number designations in the "Notes" column refer to the regulations listed at the end of the Table. "N/A" designates the standard is not applicable to the specified ADU type. Table 17.103.01: Property Development Standards applying to One-Family ADUs. Types of One-Family ADUs NotesDevelopmentStandards Junior ADU One-Family ADUCategory 1 One-Family ADUCategory 2 Maximum Number 1 per lot 1 per lot1 MaximumNumber1 per lot. 1 per lot.1 per lot.1Minimum Size (in square feet [sf.] Floor Area)Must meet, at a minimum, Efficiency Unit Building Code Standards. Must meet, at a minimum, Efficiency Unit Building Code Standards. Must meet, at a minimum, Efficiency Unit Building Code Standards. 2 Maximum Size 500 sf. N/A.Size is limited by existing building envelope plus 150 sf. for ingress and egress. Conversion of Attached Structures: 50% of floor area of primary residence or 850 sf., whichever is greater, but shall not exceed 1,200 sf. Interior Conversion: size is limited by the existing building envelope, but shall not exceed 1,200sf. For detached: 850 sf. for studio or 1- bedroom. 1,000 sf. for 2-bedroom or more. 3, 4For attached: Whichever is greater: 850 sf. for studio or 1- bedroom, and 1,000 sf. For a 2-bedroom or more; or 50% of floor area of primary residence, but shall not exceed 1,200 sf.
Types of One-Family ADUs Notes DevelopmentStandardsJunior ADUOne-Family ADU Category 1One-Family ADU Category 2Expansionfor Egress and Ingress N/A. Maximum allowed = 150 sf. N/A. 4, 5 Expansionfor Small Lots N/A The minimum area necessary to accommodate one (1) ADU with footprint of up to 800 sf. and up to 16 feet high. See note. N/A 5 Maximum Height N/A. Established by the development standards of the underlying zoning district. The height shall not exceed 20 feet unless the ADU meets the setback requirements of the underlying zone. In this case, the maximum height is controlled by the underlying zoning district regulations, but in no case shall the maximum height be less than 16 feet. 5, 6, 7,8 Side and Rear Setbacks N/A. N/A. 4 feet or the regularly requiredsetback, whichever is less, but in no case shall the setback be less than 3 feet from the side or rear lot line. 5, 6 7,8 Front Setback Established by the development standards of the underlying zoning district, except when lot conditions preclude creating one ADU of no more than 850 800 sf. and no more than 16 18 feet in height anywhere else on the lot. 5, 6 7,8 LotCoverage, Rear Setback Coverage, Floor Area Ratio (FAR)New ADUs must be consistent with the regulationscontained in the underlying zone, except the following shall be permitted regardless of these requirements: One JADU; and One ADU of no more than 850 800 sf. that is no more than 16 18 feet in heightwithat least 4 foot side and rear yard setbacks. 5, 6 7, 8Open Space No new open space required. 5, 6 7,8
Parkingfor ADUs None Required None required if located: a) within ½-mile walking distance of a public transit stop major transit stop or high-quality transit corridor, as defined in Section 21155 of the Public Resources Code; b) on any lot within a City of Oakland Area of Primary Importance (API) or Secondary Importance (ASI), as defined in the General Plan’s Historic Preservation Element; c) in areas where parking permits are required but not offered to occupants of ADUs; or d) where there is a carshare vehicle within one block of the ADU., or e) when the ADU is part of the proposed or existing primary residence or an accessory structure. Otherwise: One (1) space per ADU, which can be tandem.6, 7 8, 9 Types of One-Family ADUs NotesDevelopmentStandards Junior ADU One-Family ADU Category 1 One-Family ADU Category 2 Owner Occupancy Owner must occupy the JADU or the primary residence. N/A. N/A. 8 Bathroom May have private bathroom; or bathroom facilities may be shared with the primary Residential Facility. Must contain their own private bathroom facilities. 10 9Notes for Table 17.103.01: 1. A Category One or Category Two ADU may be combined on the lot with one JADU. However, a lot may not contain both a Category Two ADU and a Category One ADU. A lot with a One-Family Facility may only contain two ADUs if one is a JADU. A homeowner may create one (1) Category One ADU, one (1) Category Two ADU, and one (1) JADU, in any order, totaling up to three (3) units.2. At least a minimum square-footage that permits an Efficiency Dwelling Unit as defined in the California Building Code. 3. The maximum size is inclusive of any allowed expansion of existing building envelope of up to one hundred and fifty (150) square feet for the purpose of ingress and egress. For a Category 1 ADU, expansion of an existing structure that is greater than one hundred and fifty (150) sf., the maximum total size, inclusive of the addition is eight hundred and fifty (850) sf. for a studio or one-bedroom or one thousand (1,000) sf. for two-bedroom or more and the expansion must meet the setbacks. 4. For demolition of an existing accessory structure that is reconstructed in the same location and to the same dimensions, there is an allowed addition for ingress and egress of up to one hundred and fifty (150) sf. For demolitions of an existing accessory structure that is reconstructed in the same location and expanded beyond one hundred and fifty (150) sf., the entire structure must be built in compliance with setbacks for Category Two ADU. 5. If the ADU requires an expansion of up to one hundred and fifty (150) square feet for the
exclusive purpose of accommodating ingress and egress to the ADU, such expansion may not: (a) encroach on front setbacks established by the underlying zone; (b) encroach within four-foot side and rear setbacks, except in certain circumstances, as described in Note #7 for Table 17.103.01; and (c) exceed a height of sixteen (16) eighteen (18) feet, except if the underlying zone permits, as described in Note #6 and #7 for Table 17.103.01. 5. An existing accessory structure can be expanded or replaced beyond one hundred and fifty (150) square feet of its existing footprint for the purpose of creating a Category One ADU with the following requirements: 1) the accessory structure was legally existing; 2) the ADU is no greater than eight-hundred (800) square feet; 3) the proposal is on a lot that is either no greater than three thousand (3,000) square feet in size or no greater than thirty-five (35) feet in lot width mean; and 4) the addition has a height of no more than sixteen (16) feet. The expansion beyond the existing accessory structure footprint is not limited to one hundred fifty (150) square feet and does not need to be for the exclusive purpose ofingress or egress. 6. This allowance is only for ADUs located behind the primary building. If Category Two ADU is proposed in front of or on the side of a primary structure, the maximum height is sixteen (16) feet. Notwithstanding, in the S-9 Zone, maximum ADU height is capped at sixteen (16) feet. 7. For an ADU expansion for ingress and egress, such expansion shall comply with the existing zoning district setback and height requirements unless the ADU is a Category 2 ADU that: a) meets the required side and rear setbacks of four (4) feet or the regularly required setback, whichever is less, but in no case shall be less than three feet from the side or rear lot line, b) has a height of not more than sixteen (16) eighteen (18) feet, and c) has a floor area not more than eight hundred (800) square feet. 6. One-Family Category One ADUs and JADUs are allowed even if the existing facility to be converted or rebuilt does not meet the underlying zone’s current development standards, such as height limits, floor area ratios, lot coverage or setbacks. 7. For replacement parking regulations, see 17.103.080(A)(4). 8. Owner occupancy is not required if the owner is another governmental agency, land trust, or nonprofit housing organization.9. If JADU shares bathroom with the primary Residential Facility, an internal connection must be provided. C. Property Development Standards applying to ADUs for Two- to Four-Family and Multifamily Facilities Table 17.103.02 below, describes the property development standards, which apply to the types of ADUs permitted with Two- to Four-Family and Multifamily Facilities. The different types of ADUs are defined in Chapter 17.09. The number designations in the "Notes" column refer to the regulations listed at the end of the Table. "N/A" designates the standard is not applicable to the specified ADU type.
Table 17.103.02: Property Development Standards applying to Two- to Four-Family andMultifamily ADUs Types of Two- to Four-Family and Multifamily ADUs Notes Development Standards Two- to Four-Family and Multifamily ADU Category 1 ADU for Existing Two-to Four-Family and Multifamily Buildings Two- to Four-Family and Multifamily ADU Category 2 ADU for Existing and Proposed Two-to-Four-Family and Multifamily Buildings Two- to Four-Family and Multifamily ADU Category 3ADU for Existing and Proposed Two-to-Four-Family and Multifamily BuildingsMaximum Number 1 or up to 25% of existing units, whichever isgreater, per Two- to Four-Family or Multifamily Facility. For the purposes of the 25% limitation, a unit is considered existing if it has received its certificate of occupancy or passed its final building inspection on its building permit.No more than 2 per lot. Only 1 per lot. Precludes creation of any other ADU 1, 2 Minimum Size (Floor Area)Must meet, at a minimum, Efficiency Unit Building Code Standards. 3 Maximum Size For Interior Conversion: size is limited by the existing building envelope. but shall not exceed 1,200 sf. 850 sf. for studio or one- bedroom; 1,000 sf. for 2- bedrooms or more N/A. 850 sf. for studio or one-bedroom; 1,000 sf. for 2-bedrooms or more. 4 Maximum Height Established by the basezone. The height shall not exceed 18 feet unless the ADU meets the setback requirements of the underlying zone. In this case, the maximum height is controlled by established by the base zone. Established by thebase zone. development standards of the underlying zoning district. 5
Types of Two- to Four-Family and Multifamily ADUsNotesthe underlying zoning district regulations, but in no case the maximum height shall be lower than 16 feet. Side and Rear Setbacks 4 feet, or the regularly required setback, whichever is less, but in no case shall be less than 3 feet from the side or rear lot line. For Internal: N/A. 5Lot Coverage, Rear Setback Coverage N/A. New ADUs must be consistent with the regulations contained in the underlying zone, except up to two ADUs are permitted if they do not exceed 800 sf each shall be permitted regardless of these requirements. to establish no more than two ADUs. N/A. 5Front Setback Established by the development standards of the underlying zoning district, exempt if lot conditions preclude creating two ADUs of no more than 800 sf. and no more than 16 feet in height anywhere else on the lot. N/A. Established by the base zone development standards of the underlying zoning district, exempt if lot conditions preclude creating two ADUs of no more than 800 sf. no more than two ADUs and no more than 18 feet 16 feet in height anywhereelse on the lot. Established by the base zone development standards of the underlying zoning district, exempt exceptto create one ADU of no more than 850 sf for studio or one-bedroom; 1,000 sf. for2-bedrooms or more. Floor Area Ratio (FAR) N/A. New ADUs must be consistent with the regulations contained in the underlying zoning district, except to establish one or two Category Two ADUs of no more than 800 sf. no more than two ADUs. Must be consistent with the regulations contained in the underlying zoning district, except to establish one ADU of no more than 850 sf. for studio or one-bedroom; 1,000 sf. for2-bedrooms or more.5
Open Space N/A.. No new open space required. However, required open space for existing units, as established by the base zone underlying zoning district, must be maintained, except to establish one or two ADUs of no more than800 sf. each. no more than two ADUs. No new open space required. However, required open space for existing units, as established by the base zone underlying zoning district, must be maintained, except to establish one ADU of no more than 850 sf. in total footprint for studio or one-bedroom; 1,000 sf. for 2-bedrooms or more.Types of Two- to Four-Family and Multifamily ADUs Notes Parking for ADUs One (1) space; OR none if located: a) within ½-mile walking distance ofpublic transit stopa major transit stop or high-quality transit corridor, as defined in Section 21155 of the Public Resources Code; b) on any lot within a City of Oakland Area of Primary Importance (API) or Secondary Importance (ASI), as defined in the General Plan’s Historic Preservation Element; c) in areas where parking permits are required but not offered to occupants of ADUs; or d) where there is a carshare vehicle within one block of the ADU., or e) when the ADU is part of the proposed or existing primary residence or an accessory structure. 6 OwnerOccupancyNot required. BathroomEach unit must have a private bathroom. Notes for Table 17.103.02: 1. All calculations that result in a fractional number shall be rounded up to the nearest whole number. A lot may contain both Category One and Category Two ADUs. If a Category Three ADU is created by converting any portion of existing habitable space and/or creating an addition to create an ADU of no more than 850 square feet, no other ADU types shall be allowed anywhere on the lot. 2. Non-habitable or non-livable space does not include detached accessory structures, existing residential units, commercial space, community rooms, gyms, laundry rooms or any other finished spaces that are meant to be occupied by people and used communally. 3. At least a minimum square footage that permits an Efficiency Dwelling Unit as defined in Chapter 17.09 and in the California Building Code. 4. Category Two ADUs must meet lot coverage and open space requirements set forth in this table. 5. Two- to Four-Family and Multifamily Category One ADUs are
allowed even if the existing space to be converted or rebuilt does not meet the underlying zone’s current development standards, such as height limits, floor area ratios, lot coverage or setbacks. This allowance is only for ADUs located behind the primary building in its rear yard. If Category Two ADU is proposed in front or side of a primary structure the maximum height is sixteen (16) feet. Notwithstanding, in the S-9 Zone, maximum ADU height is capped at sixteen (16) feet. 6. For replacement parking regulations, see 17.103.080(A)(4).
EXHIBIT C: PROPOSED “CLEAN-UP” AND MISCELLANEOUS PLANNING CODE AMENDMENTS The Oakland Planning Code (Title 17 of the Oakland Municipal Code) is proposed to be amended as follows. Additions are shown in underline and deletions are shown in strikethrough. Note that only the relevant code subsections being amended are included and unamended portions are omittedChapter 17.76 S-2 CIVIC CENTER COMMERCIAL ZONE REGULATIONS Sections: 17.76.200 Special regulations for Planned Unit Developments and Large-Scale Developments. large-scale developments. 17.76.200 Special regulations for Planned Unit Developments and Large-Scale Developments. large-scale developments. A. Planned Unit Developments. Large integrated developments shall be subject to the Planned Unit Development (PUD) regulations in Chapter 17.142 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 S-2 Zone, and certain of the other regulations applying in said zone may be waived or modified. The normally required design review process may also be waived for developments at the time of initial granting of a Planned Unit Development (PUD) permit. Unless otherwise specified in the PUD permit, any future changes within the Planned Unit Development shall be subject to applicable design review regulations. B. Large-Scale Developments. No development which involves more than one hundred thousand (100,000) square feet of new floor area, or a new building or portion thereof of more than one hundred twenty (120) feet in height, shall be permitted except upon the granting of a Conditional Use Permit pursuant to the Conditional Use Permit procedure in Chapter 17.134. This requirement shall not apply to development that include one hundred percent (100%) affordable housing units, other than manager’s units, or where a valid Planned Unit Development permit is in effect.
Chapter 17.97 S-15 TRANSIT-ORIENTED DEVELOPMENT COMMERCIAL ZONES REGULATIONS Sections: 17.97.040 Permitted and conditionally permitted activities. 17.97.070 Height, floor area ratio (FAR), density, and open space. 17.97.040 Permitted and conditionally permitted activities.Table 17.97.01: Permitted and Conditionally Permitted ActivitiesActivities Zone Additional RegulationsS-15 S-15WCommercial ActivitiesMechanical or Electronic Games PC PC Administrative P P Research Service P — PC Industrial Activities Research and Development C(L3) — C(L3) Limitations on Table 17.97.01: L3. Industrial Activities. All accessory Industrial Activities shall be conducted entirely within an enclosed facility. 17.97.070 Height, floor area ratio (FAR), density, and open space. Table 17.97.04 below prescribes height, FAR, density, and open space standards associated with the S-15 and S-15W Height Areas described in the Zoning Maps. The number designations in the "Additional Regulations" column refer to regulations below the table. "N/A" designates the regulation is not applicable to the specified Height Area. Table 17.97.04 Height, Floor Area Ratio (FAR), Density, and Open Space Regulations Regulation Height Area Additional Regulations 35 45 55 65 95 100 125 140 175 250
Maximum Height 35 ft. 45 ft. 55 ft. 65 ft. 75 ft. if on BART- owned parcel subject to AB2923 (2018).95 ft. 100 ft. 125 ft. 140 ft. 175 ft. 250 ft. 1, 2 Height MinimumPermitted height minimum N/A N/A 35 ft. 35 ft. 45 35ft. 45 35ft. 55 35 ft. 35 ft. 55 35ft. 55 ft. 3Conditionally permitted height minimum N/A N/A 25 ft. 25 ft. 35 25ft. 35 25ft. 45 25 ft. 25 ft. 45 25ft. 45 ft. 3Maximum Residential Density (square feet of lot area required per dwelling unit) Regular Dwelling Units 550 450 350 375 350 375200 225 200 225 200 225 225 200 225 200 4, 5 Rooming Units 275 225 175 185175 185100 110100 110100 110110 100 110 100 4, 5 Efficiency Dwelling Units 275 225 175 185 175 185100 110 100 110 100 110 110 100 110 100 4, 5 Maximum Nonresidential FAR 2.0 2.5 3.0 3.0 4.5 5.0 5.0 5.0 5.0 5.0 4, 5 Maximum number of stories (not including underground construction) 3 4 5 6 7 stories if on BART- owned parcel subject to AB2923 (2018). 8 9 12 11 13 1716 24
Chapter 17.101H D-CO COLISEUM AREA DISTRICT ZONES REGULATIONS Sections: 17.101H.040 Permitted and conditionally permitted facilities. 17.101H.040 Permitted and conditionally permitted facilities. Table 17.101H.02 lists the permitted, conditionally permitted, and prohibited facilities in the D-CO Zones. The descriptions of these facilities are contained in Chapter 17.10. "P" designates permitted facilities in the corresponding zone. "C" designates facilities that are permitted only upon the granting of a Conditional Use Permit (CUP) in the corresponding zone (see Chapter 17.134 for the CUP procedure). "L" designates facilities subject to certain limitations listed at the bottom of the Table. "—" designates facilities that are prohibited. Table 17.101H.02: Permitted and Conditionally Permitted Facilities Facilities Zones Additional Regulations D-CO-1 D-CO-2 D-CO-3 D-CO-4 D-CO-5 D-CO-6 Residential Facilities One-Family Dwelling —(L4) —(L4) — — — — 17.103.080 Two- to Four-Family Dwelling P(L5) P(L5) — C(L5) — — 17.103.080 Multifamily Dwelling P(L5) P(L5) — C(L5) — — 17.103.080 Rooming House — — — — — — Vehicular P P — C — — 17.103.080 17.103.085 Nonresidential Facilities Enclosed Nonresidential P P P P P P Open Nonresidential C(L1) P P C(L1) P P Sidewalk Cafe P P P P C C 17.103.090 Drive-In — C C — — — Drive-Through — C(L2) C(L2) — — — 17.103.100 Telecommunications Facilities Micro Telecommunications P(L3) P(L3) P(L3) P(L3) P(L3) P(L3) 17.128 Mini Telecommunications P(L3) P(L3) P(L3) P(L3) P(L3) P(L3) 17.128
Facilities Zones Additional Regulations D-CO-1 D-CO-2 D-CO-3 D-CO-4 D-CO-5 D-CO-6 Macro Telecommunications C C C C C C 17.128Monopole Telecommunications C C C C C C 17.128Tower Telecommunications — — — — — — 17.128 Sign Facilities Residential Signs P P — P — — 17.104Special Signs P P P P P P 17.104 Development Signs P P P P P P 17.104 Realty Signs P P P P P P 17.104Civic Signs P P P P P P 17.104 Business Signs P P P P P P 17.104 Advertising Signs — —(L6) — — — — 17.104 Limitations on Table 17.101H.02: L1. No Conditional Use Permit (CUP) is required for Open Nonresidential Facilities to accommodate Civic Activities, Limited Agriculture, seasonal sales, or special events. L2. No new or expanded Fast-Food Restaurants with Drive-Through Nonresidential Facilities shall be located closer than three hundred (300) feet of a lot line adjacent to the Hegenberger Road or Oakport Street right-of-way; or five hundred (500) feet of an elementary school, park, or playground. See Sections 17.103.030 and 17.103.100 for further regulations regarding Drive- Through Nonresidential Facilities. L3. See Section 17.128.025 for restrictions on Telecommunication Facilities near Residential Zones. L4. See Chapter 17.114 — Nonconforming Uses, for additions and alterations to legal nonconforming Residential Facilities, provided, however, that Accessory Dwelling Units are permitted when there is an existing applicable Residential Facility on a lot, subject to the provisions of Section 17.103.080 and Chapter 17.88. L5. See Section 17.103.080 and Chapter 17.88 for regulations regarding permitted Accessory Dwelling Units Dwellings. L6. General Advertising signs are not permitted except 1) as otherwise provided for in Section 17.104.060, and 2) for those facilities approved pursuant to the design review procedure in Chapter 17.136 associated with naming rights and/or sponsorships related to stadiums and performance venues.
Chapter 17.116 OFF-STREET PARKING AND LOADING REQUIREMENTS Sections: Article V - Standards for Required Parking and Loading Facilities Article V Standards for Required Parking and Loading Facilities 17.116.240 Tandem spaces and berths. 17.116.240 Tandem spaces and berths. No loading berths shall be tandem. One parking space provided on any lot containing both one (1) unit and fewer than three (3) or fewer required off-street parking spaces may be tandem. On any lot containing four (4) three (3) or more required off-street parking spaces, or containing spaces for two (2) or more dwelling units, provided fifty percent (50%) of the parking spaces shall not may be tandem, except that: A. In any zone, tandem parking may shall be permitted for a One-Family or Two- to Four-Family Dwelling Facility with Accessory Dwelling Units in addition to any other allowance for tandem parking, unless the City finds that tandem parking is not feasible due to specific topographical conditions. B. On any lot in In the S-9 and S-11 Zones containing four (4) or more required off-street parking spaces, tandem parking may only be permitted for fifty percent (50%) of the parking spaces provided for a One-Family Dwelling Residential Facility.
Chapter 17.136 DESIGN REVIEW PROCEDURE Sections: 17.136.025 Exemptions from design review. 17.136.030 Small project design review. 17.136.040 Regular design review. 17.136.025 Exemptions from design review.B Definition. The following types of work are exempt from design review, pursuant to all provisions in Section 17.136.025(A): 1. Additions or Alterations. f. Except as otherwise specified in Subsection B.1.g for Nonresidential Facilities in the D-CO-5, D-CO-6, CIX-1A, CIX-1B, CIX-1C and CIX-1D Zones, cumulative additions over a three (3) year period not involving the creation of a dwelling unit that are outside the existing building envelope and equal no more than ten percent (10%) of the total floor area or footprint on site; g. For Nonresidential Facilities in the D-CO-5, D-CO-6, CIX-1A, CIX-1B, CIX-1C and CIX-1D Zones, cumulative additions over a three (3) year period that are outside the existing building envelope and equal no more than fifty percent (50%) of the total floor area or footprint on site or three thousand (3,000) square feet, whichever is less;2. Signs. a. A change of sign face copy or new sign face within an existing Advertisement Sign or a change of sign face copy within Business or Civic Sign structures so long as the structure and framework of the sign remain unchanged and the new sign face duplicates the colors of the original or, in the case of an internally illuminated sign, the letter copy is light in color and the background is dark; b. Installation, alteration or removal of Realty Signs, Development Signs, holiday decorations, displays behind a display window and, except as otherwise provided in Section 17.114.120(C), for mere changes of copy, including cutouts, on Signs which customarily involve periodic changes of copy; c. New or modified Signs conforming to an approved Master Sign Program, pursuant to Section 17.104.070. 3. Other Projects. a. Sidewalk Cafes in the public right-of-way, pursuant to Section 17.103.090; b. Solar Power Production Equipment. The installation of Solar Power Production Equipment is exempt from design review within any zoning district; c. Projects involving no more than four (4) Vehicular Residential Facilities pursuant to Section 17.103.085, and projects involving any number of Vehicular Residential Facilities when occupied by an Emergency Shelter Residential Activity and located in an area where Emergency Shelter Residential Activities are permitted by-right pursuant to Section 17.103.015; d. Electrical Vehicle Charging Stations or other similar facilities.;
e. Microwave and Satellite Dishes that are three (3) feet or less in diameter. 17.136.030 Small project design review. B. Definition of "Small Project". Small Projects are limited to one or more of the following types of work: 1. Additions or Alterations. a. Repair or replacement of existing building components in a manner that is compatible with, but not necessarily identical to, the property's existing or historical design; b. Except as otherwise specified in Sections 17.136.025, 17.136.038, 17.136.040, and 17.136.075, demolition or removal of structures not involving a Designated Historic Property or Potential Designated Historic Property, on a site where the zoning regulations require design review to alter the exterior appearance of the applicable building facility, regardless of whether the owner intends to create a surface parking lot or a vacant lot pursuant to Section 15.36.080; c. Except as otherwise specified in Sections 17.136.025 and 17.136.038 for Nonresidential Facilities in the D-CO-5, D-CO-6, CIX-1A, CIX-1B, CIX-1C and CIX-1D Zones, cumulative additions over a three (3) year period not involving the creation of a dwelling unit that are outside the existing building envelope and equal more than ten percent (10%) of the total floor area or footprint on site, but do not exceed one thousand (1,000) square feet or one hundred percent (100%) of the total floor area or footprint on site, whichever is less; d. For Commercial, Civic, or Industrial Facilities and the non-residential portions of mixed-use development projects, changes to storefronts or street-fronting facades, such as: (i) replacement or construction of doors, windows; bulkheads and nonstructural wall infill, or (ii) restoration of documented historic fabric.; e. Accessory Dwelling Units that: 1) do not conform with objective design standards established by the Planning Director or his or her designee pursuant to Section 17.103.080.A.11 proposed in front or on a side of the primary structure; or 2) were established and occupied without Planning or Building approval prior to January 1, 2021, and request a waiver of any provision of the underlying zoning or applicable development standards that would preclude the preservation of said unit, pursuant to Section 17.103.080.A.15.; f. Other than Accessory Dwelling Units, the creation of new living units entirely within an existing building envelope on a lot that is not located within the S-9 Fire Safety Protection Combining Zone. 2. Fences, barriers, and similar freestanding walls. a. For Residential Zones and Residential Facilities, any fence, barrier, or similar freestanding wall exceeding forty-two (42) inches in height in the front yard and street-side yards, but not exceeding six (6) feet in height, pursuant to Section 17.108.140; b. For Commercial Zones and in the OS, S-1, S-2, S-3, S-15, and D-CO-1 Zones, any fence, barrier, or similar freestanding wall exceeding eight (8) feet in height within ten (10) feet of the public right-of-way or any abutting property in a Residential or Open Space Zone, but not exceeding ten (10) feet in height, pursuant to Section
17.108.140. c. For Industrial Zones, any fence, barrier, or similar freestanding wall exceeding eight (8) feet in height within ten (10) feet of the public right-of-way or any abutting property in a Residential or Open Space Zone, but not exceeding twelve (12) feet in height, pursuant to Section 17.108.140. Any fence, dense hedge, barrier, or similar freestanding wall located elsewhere on a lot in an Industrial Zone may only be permitted to exceed twelve (12) feet in height if installed with additional landscape screening and upon the granting of Small Project Design Review pursuant to the Design Review procedure in Section 17.136.030(C). 3. Signs. a. New or modified Signs, excluding Signs requiring Regular Design Review, Conditional Use Permit or Variance, pursuant to the zoning regulations in the Oakland Planning Code (Title 17); of Title 17 of the Oakland Planning Code; and Signs conforming to an approved Master Sign Program, pursuant to Section 17.104.070; b. New or modified awnings or other similar facilities; c. Color changes to Signs, awnings or other similar facilities; d. Installation of flags or banners having any permanent structure within the public right of way, pursuant to the same regulations for sidewalk cafes in Section 17.103.090.B. 4. Other Projects. a. Exceptions to the parking accommodation requirements for One-Family and Two- to Four-Family Residential Facilities in Section 17.116.300. C. Procedures for Consideration—Small Project Design Review. The Director of City Planning may, at his or her discretion, consider an application for Small Project Design Review Small project design review according to the following Two-Track Three-Track process, or if additional consideration is required, determine that the proposal shall be reviewed according to the Regular design review procedure in Section 17.136.040. 2. Track One Procedure—Small Project Design Review Proposals Not Involving a Local Register Property; or an Upper-Story Addition requiring the Track Three review procedure pursuant to Subsection C.3.: a. The Director of City Planning, or his or her designee, shall determine whether the proposal meets the requirements for Small Project Design Review small project design review as set forth in this Section. b. Decision by the Director of City Planning. The Director, or his or her designee, may approve or disapprove a Track One proposal determined eligible for Small Project Design Review small project design review and may require such changes therein or impose such reasonable conditions of approval as are in his or her judgment necessary to ensure conformity to the applicable Small Project Design Review small project design review criteria in Section 17.136.035. c. The decision by the Director, or his or her designee, shall be final immediately and not appealable. 3. Track Two Procedure—Small Project Design Review Proposals Involving a Local Register Property: a. The Director of City Planning, in concert with the City of Oakland's Historic
Preservation staff, shall determine whether a proposed addition or alteration involving a Local Register Property will have a significant effect on the property's character-defining elements. "Character-defining elements" are those features of design, materials, workmanship, setting, location, and association that identify a property as representative of its period and contribute to its visual distinction or historical significance. Any proposed addition or alteration determined to have a significant effect on a Local Register Property's character-defining elements shall be reviewed instead according to the Regular design review procedure in Section 17.136.040. Any proposed addition involving an upper-story addition of more than two hundred fifty (250) square feet in floor area or footprint to a One-Family or Two- to Four-Family Residential Facility or to any Building Facility in the HBX, D-CE-3, or D-CE-4 Zones that is determined eligible for Small Project Design Review and to not have a significant effect on the property's character-defining elements, shall be reviewed according to the Track Three procedure in Subsection 17.136.030.C.3. b. Decision by the Director of City Planning. The Director, or his or her designee, may approve or disapprove a Track Two proposal determined eligible for Small project design review and may require such changes therein or impose such reasonable conditions of approval as are in his or her judgment necessary to ensure conformity to the applicable Small project design review criteria in Section 17.136.035. c. The decision by the Director, or his or her designee, shall be final immediately and not appealable. 4. Track Three Procedure—Small Project Design Review Proposals Involving an Upper- Story Addition of More than Two Hundred Fifty (250) Square Feet in Floor Area or Footprint to a One-Family or Two- to Four-Family Residential Facility or an over eight (8) foot increase in the height of any Building Facility in the HBX Zones, not including allowed projections above the height limits listed in Section 17.108.030. a. The Director of City Planning, or his or her designee, shall determine whether the proposal meets the requirements for Small project design review as set forth in this Section. b. At the time of Small project design review application, the owner of the affected property, or his or her authorized agent, shall obtain from the City Planning and Building Department, a list of names and mailing addresses of all owners and occupants of the City of Oakland lot or lots adjacent to the project site and directly across the street abutting the project site; a notice poster to install on the project site; and a Notice to Neighboring Property Owners and Occupants form which includes the project description and contact information. Failure to send notice to any such owner where his or her address is not shown on the last available equalized assessment roll shall not invalidate the affected proceedings. c. Prior to the subject application being deemed complete, the applicant shall install the notice poster provided at the time of application at a location on the project site that is clearly visible from the street, alley, or private way providing access to the subject lot; and provide by certified mail or delivery to all owners and occupants of the City of Oakland lot or lots adjacent to the project site and directly across the street abutting the project site, a copy of the completed project notice form, as well as a set of reduced plans (consisting of at least a site plan and building elevations that show all proposed exterior work). d. All required posting of the site and notification of adjacent and across the street property owners and occupants shall be completed by the project applicant not less
than ten (10) days prior to the earliest date for final decision on the application. During the required noticing period, the Planning and Building Department shall receive and consider comments from any interested party, as well as accept requests for a meeting with City Planning staff.e. Decision by the Director of City Planning. Prior to final decision, City Planning staff shall hold a single meeting with interested parties whenever such a meeting request is received in writing by the Planning and Building Department during the Small project design review comment period. Following any such meeting with interested parties, the Director, or his or her designee, may approve or disapprove a Track Three proposal determined eligible for Small project design review and may require such changes therein or impose such reasonable conditions of approval as are in his or her judgment necessary to ensure conformity to the applicable Small project design review criteria in Section 17.136.035.f. The decision by the Director, or his or her designee, shall be final immediately and not appealable. 17.136.040 Regular Design Review. A. Applicability. "Regular Design Review" shall apply to proposals that require design review pursuant to the zoning regulations in the Oakland Planning Code (Title 17), of Title 17 of the Oakland Planning Code, but do not qualify for By-Right Residential Approval as set forth in Section 17.136.023, a design review exemption as set forth in Section 17.136.025, Small Project Design Review as set forth in Section 17.136.030, or Special Project Design Review as set forth in Section 17.136.038. Except as otherwise specified in Section 17.136.038 for Nonresidential Facilities in the D-CO-5, D-CO-6, CIX-1A, CIX-1B, CIX-1C, and CIX-1D Zones, pProjects requiring Regular Design Review include, but are not limited to, the following types of work: 1. Any proposal involving one or more of the facility, activity, building, structure, or development types that require design review pursuant to the zoning regulations in the Oakland Planning Code (Title 17), of Title 17 of the Oakland Planning Code, but does not qualify for By-Right Residential Approval as set forth in Section 17.136.023, a design review exemption as set forth in Section 17.136.025, Small Project Design Review as set forth in Section 17.136.030, or Special Project Design Review as set forth in Section 17.136.038; 2. Any construction, addition or alteration of structures requiring a Cconditional Uuse Ppermit or variance, pursuant to the zoning regulations in the Oakland Planning Code (Title 17); of Title 17 of the Oakland Planning Code; 3. The creation New construction of one (1) or two (2) new dwelling units outside any existing building envelope, excluding any permitted Accessory Dwelling Units; 4. The creation New construction of three (3) or more new dwelling units outside any existing building envelope, or adding units to a property outside any existing building envelope for a total of three (3) or more dwelling units on site, excluding any permitted Accessory Dwelling Units; 5. New construction of principal facilities in the HBX or D-CE Zones; 6. The creation of any new HBX Work/Live unit or HBX Live/Work units outside any existing building envelope (see Sections 17.65.160 and 17.65.170); any new D-CE Work/Live unit or D-CE Live/Work units outside any existing building envelope (see Sections
17,101E.070 and 17.101E.080); or any new CIX, IG, or IO Work/Live units (see Section 17.73.040). This requirement shall apply for both: a) the conversions of existing facilities in the CIX, IG, and IO Zones to contain any of these unit types, and b) the construction of new buildings in the CIX, IG, IO, HBX, and D-CE Zones that contain any of these unit types; 7. Except as otherwise specified in Section 17.136.038 for Nonresidential Facilities in the D-CO-5, D-CO-6, CIX-1A, CIX-1B, CIX-1C, and CIX-1D Zones, additions Cumulative additions over a three (3) year period not involving the creation of a dwelling unit that are outside the existing building envelope and exceed one thousand (1,000) square feet or one hundred percent (100%) of the total floor area or footprint on site, whichever is less; 8. Exceptions to the parking accommodation requirements for One- and Two-to Four- Family Residential Facilities in Section 17.116.300;8.9. New or modified Signs not qualifying for a design review exemption as set forth in Section 17.136.025 or Small Project Design Review as set forth in Section 17.136.030;9.10. Proposals for new or modified Telecommunications Facilities, pursuant to Chapter 17.128, but excluding those alterations to existing Telecommunications Facilities listed as a Small Project in Subsection 17.136.030.B.; 10.11. Demolition or removal of any structure, or portion thereof, where the replacement project requires Regular Design Review, Conditional Use Permit or Variance; 11.12. Demolition or removal of any Designated Historic Property (DHP), Potential Designated Historic Property (PDHP), or structure in the CIX-1A Zone pursuant to Section 17.136.075;. 12.13. Proposals involving five (5) or more Vehicular Residential Facilities.
EXHIBIT D: PROPOSED SUBDIVISION CODE AMENDMENTS The Oakland Subdivision Code (Title 16 of the Oakland Municipal Code) is proposed to be amended as follows. Additions are shown in underline and deletions are shown in strikethrough. Note that only the relevant code subsections being amended are included and unamended portions are omitted.Title 16 - SUBDIVISIONS 16.16.170 – Lot design standards. Lot design shall be consistent with the provisions of Section 16.04.010, Purpose, and the following provisions: A. Every lot shall abut on a street, except as specified in Section 17.106.020. B. Double frontage lots shall not be platted. BC. Reversed frontage of key lots shall be avoided in blocks exclusively residential. CD. The side lines of lots shall run at right angles or radially to the street upon which the lot fronts, except where impractical by reason of unusual topography. Lot lines shall be approximately at right angles to the street line on which the lot faces. DE. Each lot shall have the minimum area prescribed by the zoning district within which it lies. EF. In the S-9 Fire Safety Protection Combining Zone under Planning Code Chapter 17.88, lLots shall be equal or larger in measure than the prevalent size of existing lots in the surrounding 200-foot radius area. except: 1. Where the area is still considered acreage; 2. Where a deliberate change in the character of the area has been initiated by the adoption of a specific plan, a change in zone, a development control map, or a planned unit development. FG. Lots shall be designed in a manner to preserve and enhance natural out-croppings of rock, specimen trees or group of trees, creeks or other natural amenities. 16.24.040 - Lot design standards. Lot design shall be consistent with the provisions of Section 16.04.010, Purpose, and the following provisions: A. Every lot shall abut on a street, except as specified in Section 17.106.020. No lot shall be created without frontage on a public street, as defined by Section 16.04.030, except: 1. Lots created in conjunction with approved private access easements;
2. A single lot with frontage on a public street by means of a vehicular access corridor provided that in all cases the corridor shall have a minimum width of twenty (20) feet and shall not exceed three hundred (300) feet in length. Provided further, the corridor shall be a portion of the lot it serves, except that its area (square footage) shall not be included in computing the minimum lot area requirements of the zoning district. B. The side lines of lots shall run at right angles or radially to the street upon which the lot fronts, except where impractical by reason of unusual topography. C. All applicable requirements of the zoning regulations shall be met. D. In the S-9 Fire Safety Protection Combining Zone under Planning Code Chapter 17.88,lLots shall be equal or larger in measure than the prevalent size of existing lots in the surrounding area. except:1. Where the area is still considered acreage; 2. Where a deliberate change in the character of the area has been initiated by the adoption of a specific plan, a change in zone, a development control map, or a planned unit development. E. Lots shall be designed in a manner to preserve and enhance natural out-croppings of rock, specimen trees or group of trees, creeks or other natural amenities.