Secondary Units - City of Oakland
Transcription
Secondary Units - City of Oakland
Secondary Units Zoning regulations for Secondary Units (see Section 17.103.080 for the full regulations) "Secondary unit" (also known as “granny flat” or “in-law unit”) means a subordinate dwelling unit that is located on the same lot as a larger primary dwelling unit, is either attached or detached, and meets the standards and criteria of Section 17.103.080. The following regulations apply to the construction of any new Secondary Unit, the conversion of an existing building into a Secondary Unit, or the legalization of an existing unpermitted Secondary Unit. Review procedure In all Residential Zones: Up to 900 square feet - Small Project Design Review Commercial Zones: Public notice (if required) Up to 500 square feet - Design Review Exemption No new Secondary Units allowed For Secondary Units requiring only Design Review Exemption or Small Project Design Review, no notice is required and public input cannot be considered per State law. For Secondary Units requiring a Conditional Use Permit (CUP) and Regular Design Review, public notice is sent via mail to all property owners within 300 feet of the subject property at least 17 days prior to the approval of any zoning permits. Maximum unit size (floor area) Up to 500 square feet, regardless of the size of the primary dwelling, or Maximum number of units Secondary Units are allowed only on lots with one other dwelling unit (one Primary Dwelling Unit and one Secondary Unit only). Lot size Up to 900 square feet if 50% or less of the floor area of the primary dwelling. No minimum lot size, so long as the property is a legal lot of record. Owner occupancy The property owner(s) must occupy either the primary dwelling or the Secondary Unit. This requirement must be recorded as a deed restriction against the property. Sale of unit The Secondary Unit may not be sold separately from the primary dwelling. Number of required parking spaces All Zones, except S-11, S-12 and D-LM Zones: One parking space for the Secondary Unit (in addition to the number of spaces required for the Primary Dwelling). S-11 Zone*: One parking space for each bedroom contained within the Secondary Unit (in addition to the number of spaces required for the Primary Dwelling, which is also one (1) parking space for each bedroom). S-12 Zone*: One parking space for each 3 habitable rooms in the Secondary Unit (in addition to the number of spaces required for the Primary Dwelling, which is also one (1) parking space for each 3 habitable rooms). *If the existing Primary Dwelling does not comply with the current parking requirements, then additional parking is only required for the Secondary Unit. D-LM Zones: No additional parking space is required (but existing parking space required for the Primary Dwelling, must be maintained, unless in-lieu fees are paid). \\Ceda-server3\zoning\Zoning Counter Files\Secondary Units\Originals\Secondary Unit Regulations (1-8-15).docx 1/8/15 Tandem vs. nontandem parking In the RH, RD, RM-1, RM-2 Zones (except when combined with the S-11 or S-12 Zones*): Tandem parking may be permitted for one of the required parking spaces on a lot containing a One-Family Dwelling with Secondary Unit if the floor area of the Secondary Unit is 500 square feet or less (Note, in all cases, each of the units must have at least one independently accessible parking space). All required parking spaces shall be non-tandem if the floor area of the Secondary Unit exceeds 500 square feet. In the West Oakland Specific Plan Area, tandem parking may be permitted for one of the required spaces on a lot containing a One-Family Dwelling with Secondary Unit if the floor area of the Secondary Unit does not exceed 900 square feet or 50% of the floor area of the primary dwelling unit. All Other Zones (except S-11 and S-12 Zones*): All required parking spaces shall be non-tandem. * The S-11 and S-12 Zones contain special tandem parking regulations. Minimum pavement width All connecting streets leading from the front of the subject property to the nearest arterial street must have a minimum pavement width of at least 24 feet. The minimum pavement width may be reduced to at least 20 feet upon the granting of a Minor Conditional Use Permit, pursuant to all of the following criteria: 1. There is adequate emergency access to the lot as determined by the Fire Marshal. 2. The portions of the street that have a pavement width of less than 24 feet are not on a dead-end street. 3. When on-street parking is permitted on the portions of the street that are less 24 feet wide: There must be level and hard-surfaced shoulders with a combined width of at least an additional 8 feet. 4. When on-street parking is prohibited on the portions of the street that are less than 24 feet wide: The restricted parking areas must be clearly marked with official city installed no-parking signs and/or red curbs, pursuant to the provisions of the Oakland Traffic Code (Title 10 of the Oakland Municipal Code). Dead-end streets Secondary Units are not permitted on dead-end streets that have a total length of more than 300 feet (as measured from the intersection with a through street). Fire flow water pressure The fire flow and water pressure on the adjoining streets must meet minimum Fire Marshal requirements. Architectural compatibility The Secondary Unit must be clearly subordinate to the Primary Unit in both size and location. Also, the architectural design and materials of a Secondary Unit must match or be visually compatible with that of the Primary Unit - including the architectural style, siding material, roof shape, roofing material, trim material and design, window types, window trim, and window sill detail. Design criteria Secondary Units between 500 and 900 square feet that do not require a Variance or Conditional Use Permit are subject to Small Project Design Review (DS). The DS review procedure is also used for most residential additions throughout the City. Secondary Units qualifying for Small Project Design Review (DS) are analyzed according to the “Checklist Criteria for Facilities with 1-2 Primary Dwelling Units”. Exception for location in West Oakland Specific Plan Area In the West Oakland Specific Plan area, a Secondary Unit may be allowed in an accessory facility if it is within 35’ of the rear lot line, the wall and pitch roof heights do not exceed 9’ and 12’ respectively, and meets all requirements set forth in Section 17.103.080, see Section 17.108.130(K) for the full requirements. This handout is informational only and is a general synopsis of the regulations contained within the Oakland Planning Code (Title 17, O.P.C.) City of Oakland, Planning and Building Department 250 Frank H. Ogawa Plaza, 2nd floor Oakland, CA 94612 \\Ceda-server3\zoning\Zoning Counter Files\Secondary Units\Originals\Secondary Unit Regulations (1-8-15).docx 1/8/15