SB 684 & Misc. Planning
Code Amendments
Planning and Building Department
Presentation to CED
June 25, 2024
1 General Plan Update Phase 2Agenda
• Proposed Planning Code Amendments Related to SB 684
• Proposed Miscellaneous Planning Code Amendments
• Recommendations
2 Proposed Planning Code
Amendments Related to SB 684
3 Senate Bill No. 684 (SB 684)
SB 684 – Land use: streamlined approval processes: development projects of 10 or fewer residential units on urban lots of 5 acres or less. • Will go into effect on July 1, 2024.
• Intended to incentivize and facilitate more types of ownership housing by streamlined creation of smaller residential parcels.
• Requires the following from cities on lots of 5 acres or less:
• Subdivisions of 10 or fewer residential lots
• Minimum lot size of 600 square feet
• Units must be for home ownership
• Subdivision must be approved or denied within 60 days, otherwise is deemed approved
4 Senate Bill No. 684 (SB 684) Cont'd
• Oakland is required to implement SB 684 through the receipt and approval of qualifying applications.
• The law says that a City may adopt an ordinance to implement the provisions of SB 684.
• Staff have identified provisions of the Planning Code (Title 17) to amend to provide clarity to applicants using SB 684 along with changes to encourage and allow for townhouse-style development.
• In addition, Staff will bring Subdivision Code (Title 16) Amendments to City Council to clarify that subdivisions under SB 684 will be processed ministerially, as required by State law.
5 Summary of Code Amendments
Related to SB 684
6 Chapter Summary of Proposed Changes
Property development standards in:
• Chapter 17.15 RD Zones
• Chapter 17.17 RM Zones
• Chapter 17.19 RU Zones
• Allows for no minimum interior setback between adjoining parcels under the same ownership for the creation of new units
• Allows for townhouse-style developments
Chapter 17.106 General Lot, Density,
and Area Regulations, Section
17.106.010 Lot area and width
exceptions
Amendments to allow for exceptions to lot development
standard requirements to comply with SB 684 subdivisions such as:
• Minimum lot size of 600 sq ft
• 4-foot rear setback
• 4-foot side setback from adjacent lots not part of SB 684 subdivision (less than 4' if underlying zone setback is less) Proposed Miscellaneous
Planning Code Amendments
7 Summary of Changes Made
8 Chapter and Section Summary of Proposed Changes
Chapter 17.10 Use Classifications,
Section 17.10.140 Essential Service
Civic Activities
• Expands temporary uses for City owned land to allow for activities that do not have a permanent foundation building (only temporary structures)
• The activities are still required to be conducted for a limited duration under valid license or lease on property owned or leased by the City
Chapter 17.11 OS Open Space Zoning
Regulations, Section 17.11.060
The table of permitted uses is amended to:
• Allow an exception for a Conditional Use Permit (CUP) for fences, walls, and gates if City Administrator determines it is needed to increase safety in certain park types
• Permit lighting (general) by right in certain park types Recommendations
9 Planning Commission
Recommendation
• 6/5/2024 – Planning Commission presentation & discussion • Planning Commission unanimously voted to affirm staff’s environmental determination and recommended that the City Council approve the proposed Planning Code amendments related to SB 684 and miscellaneous Planning Code amendments.
10 Staff Recommendation
Staff Recommends That The City Council Conduct A Public Hearing And, Upon Conclusion, Adopt an Ordinance:
1) Amending The Oakland Planning Code (Title 17) Of the Oakland Municipal Code (OMC), As Recommended By The City Planning Commission, To (A) Amend The Development Standard Requirements For Residential And Commercial Zones To Allow For No Side Yard Setback Between Lots Under The Same Ownership And For Applicable Exceptions To Lot Development Standards Required By State Law, SB 684; (B) Amend OMC Chapter 17.106 To Allow For Applicable Exceptions To The Standard Lot Development Standard Requirements For Subdivisions That Meet The Requirements of State Law SB 684; And (C) Amend Miscellaneous Code Changes Including The Definition of Essential Service Civic Activities In OMC Section 17.10.140 To Allow For More Temporary Activities Than The Current Seasonal Retail Sales on City Owned Land And Amend OMC Chapter 17.11 To Allow Fences And General Lighting in Certain Types Of Parks By Right; And 2) Amending The Oakland Subdivision Code (Title 16) Of the OMC To Allow For Ministerial Approval of Subdivision Maps That Meet The Requirements Of State law, SB 684; And
3) Making Appropriate California Environmental Quality Act Findings. 11