Learn all about current SB 9 guidelines in Oakland.

Introduction

The City of Oakland in Alameda County has’t adopted a local ordinance on Senate Bill 9, but an SB 9 application and guide are available on the city’s website. Without an ordinance, Oakland will need to follow the state law as written.

In the following guide, we’ll walk you through Oakland’s SB 9 rules and show you how to get an application started.

For more information on SB 9 in Oakland, explore Homestead’s SB 9 City Guide for Oakland.

Quick Guide

Zoning

• Eligible zones: Hillside Residential Zone (RH) and Detached Unit Residential Zone (RD-1)
• Ineligible: Very High Fire Hazard Severity Zone (VHFHSZ), conservation and habitat areas, historic districts and properties
• Possibly eligible: Delineated Earthquake Fault Zones

Occupancy

• Residential use only
• No short-term rentals (minimum 30 days)
• 3-year owner occupancy required for lot splits

Demolition/alteration prohibited for the following:

• Registered affordable housing
• Rent stabilized housing
• Current or former (within the last 3 years) rental housing

Allowable units

• Two units per lot

Development requirements

• height and floor area ratio determined by zoning code
• 4’ min. side and rear setbacks

To see if your property qualifies for Senate Bill 9, use our free search tool.

Details from Oakland’s SB 9 Guidance

Read on to learn more about Senate Bill 9 in Oakland. We’ve divided the provisions into four categories: zoning, occupancy, allowable units, and development requirements.

Zoning

Senate Bill 9 is restricted to single-family residential zones only. In the city of Oakland, these zones are Hillside Residential (RH) and Detached Unit Residential Zone (RD-1). If your property is in a different zone, you won't be able to pursue SB 9.

Oakland has decided to forbid SB 9 development in Very High Fire Severity Zones. This is in contrast to state law, which allows development as long as proper fire prevention and mitigation guidelines are followed.

In order to protect the environment and historic character of the city, certain sensitive areas are off-limits for SB 9. These include floodways, wetlands, conservation and habitat areas, and historic districts.

Sites located within Delineated Earthquake Fault Zones may be eligible for SB 9, as long as the project complies with necessary building code standards.

Occupancy

In accordance with state law, all SB 9 units must be for residential use only. Additionally, no short-term rentals are allowed, and all rental or lease terms must be 30 days or more.

Homeowners pursuing an urban lot split are required live on one of the lots as their primary residence for a minimum of three years following the lot split. This provision is enforced via a signed affidavit.

In order to protect the rights of renters, SB 9 prohibits significant alteration or demolition of rent controlled or price stabilized housing, as well as any current or former (within the last three years) rental housing. Properties that have evicted tenants within the last fifteen years are ineligible for SB 9 development.

Allowable Units

In Oakland, SB 9 development is limited to two units per lot. Projects that do not include an urban lot split are allowed two primary units (two detached single family homes or one duplex). Subdivided parcels may have up to two units on each lot, for a grand total of four units between the two lots. No ADUs or JADUs are allowed for SB 9 projects in Oakland.

The state law says that cities are allowed to refuse ADUs and JADUs for projects that include both an urban lot split and a duplex/two-unit development. However, the law does not explicitly give cities permission to prohibit accessory dwelling units for projects that employ just one provision or the other (i.e. a duplex development without a lot split, or vice-versa).

Development Requirements

As required by state law, each lot resulting from a lot split must retain 40-60% of the original lot’s size. Each new parcel must be a minimum of 1,200 square feet. Cities may allow smaller lots if they choose, but Oakland has kept the state’s minimum.

Because Oakland has not adopted an ordinance, the city may not impose special height and size restrictions for SB 9 projects. As such, SB 9 units must comply with the standards set forth in the municipal code. Even with an ordinance, cities must allow at least 800 square feet per unit.

State law also requires 4’ minimum side and rear setbacks for SB 9 projects. Front setbacks may be determined by the local municipal code.

The future of Senate Bill 9 in Oakland

It’s encouraging that Oakland has decided to follow state law when it comes to SB 9 implementation. Many cities have adopted strict ordinances that place many restrictions on development. Hopefully Oakland’s agreeable acceptance of the state law will lead to more affordable units for renters and first-time home buyers of all income levels.

While it’s not the only solution to the housing crisis, Senate Bill 9 is one of many tools that will help make Oakland and cities across California more livable. Housing prices in the San Francisco Bay Area are among the highest in the country, and the only way to mitigate soaring rent and mortgages is to build more homes. Senate Bill 9 can help make that happen—as long as cities don’t stand in the way.