Amendments to Planning
Code Chapter 17.96 S-14 &
Work/Live – Live/Work
Planning and Building Department
Community & Economic
Development Committee
February 24, 2026
1 17.96 S-14 Housing Sites
Combining Zone Regulations
Proposed Planning Code Amendments
2 Background
• Oakland adopted Chapter 17.96, S-14 Housing Sites Combining Zone Regulations as part of the 2023–2031 Housing Element, applying to all sites in the Housing Sites Inventory.
• While the S-14 Zone streamlines review, concerns have emerged that it may constrain activation of vacant or underutilized sites.
• Staff committed to review and update Chapter 17.96 based on the results of its implementation.
3 17.96.020 - Definitions
• S-14 zoning includes a definition of what constitutes a "Development Project." An amendment would clarify the definition and enable limited expansion for businesses within existing buildings • The following project types are now clearly defined to not be included in the definition of a "Development Project"
• Development Project does not include the making of improvements, renovations, or updates to an existing building; adding floor area to an existing building that is occupied by a business established in that building on or before January 1, 2026; or the placement of temporary structures
• And the following project types are clearly defined to be a “Development Project” • Adding floor area to an existing building that is occupied by a business established in that building after January 1, 2026 where the square footage of the building is increased by 50% or more than 30,000 square feet (whichever is less)
• Additional non-residential expansion could be allowed via proposed Conditional Use Permit process.
4 17.96.040 – Required Majority Residential Use
• Currently, all development on S-14 sites must be majority residential or meet 1 of 4 exemptions. Existing regulations limit non-residential development, constraining activation of vacant or underutilized sites.
• A proposed amendment would add a Conditional Use Permit (CUP) exemption for non-housing development. A CUP would be granted only if the project meets General Conditional Use Permit criteria and meets the following:
1. Provides substantial community or economic benefit to the surrounding neighborhood; and
2. The remaining sites identified in the Housing Element are adequate to accommodate the City’s remaining share its regional housing need for the 2023-2031 Housing Element cycle • This finding shall be consistent with the No Net Loss finding in CA Gov. Code Section 65863
• The finding shall include No Net Loss at each income level 5 Work/Live Units and Live/Work Units
Proposed Planning Code Amendments
6 Work/Live Units and Live/Work Units
Proposed Planning Code amendment for Work/Live and Live/Work to align with and not contradict recent updates to the Oakland Building Code Regulations and the California Building Code (C.B.C.) Standards:
• The Building Code does not allow for Work/Live or Live/Work to be more than 50 percent non-residential
• Amendment to Planning Code “Work/Live” and “Live/Work” Development Standards lowers the maximum non-residential unit area for work/live and live/work, where needed, to allow no more than 50 percent non-residential square footage per unit.
7 Staff Recommendation
Staff Recommends That The City Council Conduct A Public Hearing And, Upon Conclusion, Adopt An Ordinance, As Recommended By The Planning Commission:
1) Amending Title 17 Of The Oakland Municipal Code (The Planning Code) To:
a. Amend Chapter 17.96 S-14 Housing Sites Combining Zone To Update The Definition of Development Project And To Include A Conditional Use Permit Procedure for Non-Housing Developments; And
b. Update “Work/Live” And “Live/Work” Residential To Non-Residential Unit Area, As Referenced Throughout Title 17, To Correspond With Revisions To The California Building Code and Oakland Building Regulations; And
2) Making Appropriate California Environmental Quality Act Findings. 8