Housing Projects Eligible for Streamlined City Review

With exception for projects proposed on certain historic designated sites, projects for affordable housing are not subject to regular design review and are instead subject to By Right Residential Approval. To qualify, one hundred percent (100%) of the housing units, other than manager’s units, must be restricted to very low, low, and moderate-income households. See Planning Code Section 17.136.023, Projects subject to By Right Residential Approval.

The S-13 zoning designation is an overlay zone meant to facilitate the development and preservation of affordable housing. The S-13 Affordable Housing Combining Zone is an optional local incentive program that developers can utilize (instead of the State Density Bonus and Incentive Procedure). The S-13 Combining Zone allows a bonus height for eligible affordable housing projects, as well as relaxation of other listed development standards for applicable zones and an elimination of any maximum residential density standards.

One hundred percent (100%) affordable housing projects in the S-13 Zone shall receive By Right Residential Approval (as defined in Oakland Planning Code Section 17.09.040) if it meets all the standards set forth in Chapter 17.95 (S-13) in place of the requirements otherwise applicable in the base zones. By Right Residential Approval is also available under the S-13 Zone for mixed-income proposals (at least 20% lower income and at least 20% moderate income) on parcels that are less than 15,000 square feet. The S-13 Zone is not applicable to parcels in the S-9 Fire Safety Protection Combining Zone, and parcels with Designated City, State, and National Historic Landmarks. For more information, see Oakland Municipal Code Chapter 17.95.

The S-14 Housing Sites Combining Zone applies to all sites identified on the housing sites inventory included in the 2023-2031 Housing Element, to ensure that sites within the S-14 Zone are developed with residential uses. Projects that help meet Oakland’s needs for lower income housing are eligible to receive By Right Residential Approval (as defined in Oakland Planning Code Section 17.09.040). For more information, see Oakland Municipal Code Chapter 17.96.

California Assembly Bill 2162 (2018) streamlines and expedites the approval of "supportive housing" developments (such as transitional housing) to be approved "by right" in zones where multifamily is permitted. "By right" means applicable developments cannot be required to obtain a Conditional Use Permit or Variance and can only be reviewed against Objective Design Guidelines. Read more about AB 2162 project eligibility requirements.

Senate Bill 9 (2021) provides a ministerial approval process for single-family residential zoned lots to 1) approve two residential units on a single-family lot and/or 2) subdivide a single-family parcel into two separate lots, enabling the creation of either a single-family home or two residential units on each resulting parcel. Read more about SB 9 project eligibility and application requirements.

Ministerial: Ministerial means a process for project approval involving little or no subjective judgment by a public official or commission.

Oakland By Right: "By Right Residential Approval". “By Right Residential Approval” shall mean a ministerial approval process for specified residential projects in which the following apply:

A. The City shall not require a Conditional Use Permit, Planned Unit Development permit,
or other discretionary permit of any kind. The project shall not require a discretionary
permit and thus will not be subject to review under the California Environmental Quality
Act.

B. The City shall not exercise any subjective judgment in deciding whether and how to carry
out or approve the project and shall apply property development standards and objective
design review standards applicable to the underlying zoning designation and the S-13
and S-14 Combining Zones, if applicable. The City shall maintain a list of publicly
available applicable objective design review standards that may be amended from time
to time.

C. The project shall not be subject to a public hearing of any type, and there shall be no right
of appeal. However, an applicant may request at its sole discretion review before the
Design Review Committee of the Planning Commission.

D. Prior to submitting an application for By Right Residential Approval, the applicant shall
give notice of intention to apply for By Right Residential Approval by mail or delivery to
all owners and occupants of real property in the city within three hundred (300) feet of
the property involved, using language provided by the Planning Bureau.

E. The project shall be subject to any applicable City of Oakland standard conditions of
approval, which shall be identified along with the decision letter issued for the project.

F. The project must demonstrate consistency with the Oakland Equitable Climate Action
Plan (ECAP) through completion of an ECAP Consistency Checklist submitted
concurrently with the development application.

State By Right: local government's review of project may not require a conditional use permit, planned unit development permit, or other discretionary local government review or approval.

This spreadsheet contains the list of ministerial projects under review by the City of Oakland's Planning Bureau. The purpose of this log is to keep you informed of new ministerial projects proposed with addresses so you can easily find them. While these projects are not subject to public comment or review and they are not appealable, we've created this log to keep you informed so you're aware of projects that are proposed near you. This log is records submittals only. You can follow the project along as it progresses by visiting the Oakland Accela Citizen Access webpage (Oakland Online Portal) and searching by the planning case number. You'll also be able to review the plans and any other submitted documents on that portal. Please note that since these projects are ministerial, the city can and will take action on them at any time without warning or notice.