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.
- 100% Affordable Housing Projects
- SB 35/SB 423 Housing Projects
- S-13 Affordable Housing Combining Zone Projects
- S-14 Housing Sites Combining Zone Projects
- AB 2011 Multifamily Mixed Income Housing Projects on Commercial Corridors
- AB 2162 Multifamily Supportive Housing Projects
- SB 4 Projects Pursuant to Affordable Housing on Faith Lands Act
- SB 9 Two-Unit Residential Development and Parcel Subdivision Resulting in Two Lots
- SB 684 Small Sites Residential Development and Parcel Subdivision
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- Legend of Terms
100% Affordable Housing Projects
SB 35/SB 423 Housing Projects
Senate Bill 35 (2017), recently expanded and extended via SB 423 (2023), requires the City of Oakland to review qualifying housing development projects using a streamlined ministerial review process. Eligible projects must comply with objective Planning standards, provide specified levels of affordable housing, and meet other specific requirements detailed in Government Code section 65913.4. The level of affordable housing required is dependent on the City’s progress toward meeting its housing targets, as determined by the State Housing and Community Development Department. Determination information can be found on the State HCD webpage.
S-13 Affordable Housing Combining Zone Projects
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.
S-14 Housing Sites Combining Zone Projects
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.
AB 2011 Multifamily Mixed Income Housing Projects on Commercial Corridors
Assembly Bill 2011 (2022) creates a streamlined ministerial approval process for qualifying multifamily housing projects on sites currently zoned for commercial or retail uses. Eligible projects must pay prevailing wages to construction workers and meet specified Below Market Rate (BMR) affordable housing targets. The legislation provides two distinct options: one for 100 percent BMR projects and a second for mixed-income (typically 15 percent BMR) projects located specifically on "commercial corridors."
AB 2162 Multifamily Supportive Housing Projects
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.
SB 4 Projects Pursuant to Affordable Housing on Faith Lands Act
Senate Bill 4 (2023) provides a streamlined process for religious organizations and nonprofit colleges to develop affordable housing on their property regardless of local zoning restrictions. "By right" approval is guaranteed for projects as long as they are consistent with all local objective design standards and comply with listed environmental protections.
SB 9 Two-Unit Residential Development and Parcel Subdivision Resulting in Two Lots
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.
SB 684 Small Sites Residential Development and Parcel Subdivision
Senate Bill 684 (2023) provides a ministerial approval process for housing development projects that include the subdivision of a parcel into 10 or fewer lots. Eligible projects must include a proposal to subdivide and existing parcel and must comply with site criteria and objective development standards.
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Legend of Terms
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.